Children

Generally, it's legal to disinherit a child. Some states, however, protect minor children against the loss of a family residence. For example, the Florida Constitution prohibits the head of a family from leaving his residence to anyone other than a spouse if he is survived by a spouse or minor child.

Most states have laws—called "pretermitted heir" statutes—to protect children of any age from being accidentally disinherited. If a child is neither named in your will, nor specifically disinherited, these laws assume that you accidentally forgot to include that child. In many states, these laws apply only to children born after you made your will, but in a few states they apply to any child not mentioned in your will. The overlooked child has a right to the same share of your estate as he or she would have received if you'd left no will. The share usually depends on whether you leave a spouse and on how many other children you have, but it is likely to be a significant percentage of your property. In some states, these laws apply not only to your children, but also to any of your grandchildren by a child who has died.

To avoid any legal battles after your death, if you decide to disinherit a child, or the child of a deceased child, expressly state this in your will. And if you have a new child after you've made your will, remember to make a new will to include, or specifically disinherit, that child.

What should I do with my will after I sign it?

After you die, your executor (the person you appointed in your will) is responsible for seeing that your wishes are carried out as directed by your will. So wherever you choose to keep your will, make sure your executor (and at least one other person you trust) knows where to find it.

Your executor's first task is to locate your will, and you can help by keeping the original in a fairly obvious place. Here are some suggestions.

• Store your will in an envelope on which you have typed your name and the word "Will."

• Place the envelope in a fireproof metal box, file cabinet or home safe. An alternative is
to place the original in a safe deposit box*. But before doing that, learn the bank's policy about
access to the box after your death. If, for instance, the safe deposit box is in your name alone,
the box can probably be opened only by a person authorized by a court, and then only in the
presence of a bank employee.

Comments:

safe deposit box - депозитарный ящик в банке

Find in the text English equivalents of the following phrases:

лишать наследства

законная доля (наследства)

потеря жилища

пропущенный, не упомянутый наследник

имущество, собственность

исполнитель завещания, душеприказчик

исполнить волю (умершего)