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Can I cut someone in my family out of my will - Portland, Oregon.

April 26, 2010

Yes, you can—although your ability to exclude your spouse is limited by a rule called the spousal elective share.

Keep in mind also that someone who could reasonably expect an inheritance might claim in court that you simply forgot to include him. 

Some persons have tried to prevent a possible will contest by leaving the person in question some nominal amount—$1 for example—to indicate that he or she was not simply forgotten. This is not the best strategy.

It is a good idea to specifically state in your will what you are doing and why. For example, you could include information about how the person has already been provided for in another way.

You might also include a “no contest” clause, leaving the person some amount on the condition that he/she does not contest the will.

An attorney can advise you on the best way to achieve your estate planning goals.

Making a change to your will is an important decision  - Contact the Estate Planning lawyers at the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894 to set an appointment.