[UT] Is a will enough to leave everything to my spouse and fully exclude my adult child from a prior marriage from inheriting?

UT Estate Planning

Michael M. Esq.

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The short answer:

A will alone does not stop a disinherited child from trying to cause problems, but Utah law gives you strong tools to make your wishes stick:

Joint tenancy passes the house automatically to your wife. (UT Code § 57-1-5)
Your son cannot claim it. (UT Code § 75-2-201)
Your will must clearly state you are intentionally leaving him nothing. (UT Code § 75-2-302)

Long answer:

Your son does NOT have a forced share under Utah law (only spouses do). (UT Code § 75-2-201)
A properly signed and witnessed will is valid.
Joint tenancy property and beneficiary-designated accounts bypass probate.
Only assets in your sole name pass under the will. (UT Code § 75-3-101)

Recommended steps:

Add a clear disinheritance clause.
Sign with two neutral witnesses.
Ensure checking account passes automatically (already likely covered).
Optionally include a letter explaining your wishes.

Does that help clarify things?

Utah Last Will and Testament

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I live in Utah; I am married to my second wife for almost 40 years. We did not have any children, nor does my second wife have any children of her own.

My son from my first marriage (which lasted about 5 years on paper) who is 46 years old lives in Michigan. We have been estranged for years because of his serious disrespect (he recently married a woman his age).

I wish for my current wife of many many years to inherit everything from me and to exclude my only son from a previous marriage from inheriting anything. I have no other children. My wife has worked all our lives and has paid for most everything. Our home is held as JT in both our names. She has saving accounts only in her name. We share a checking account. I have an old truck (1997). Her car is in her name. She is the beneficiary of my life insurance and rollover 401k. We have personal assets in our home.

Will my Will and Last Testament be enough legal documentation to ensure that my current wife is not harmed financially by this son of mine?

Lexi, Chatbot

I understand that you want to ensure your current wife is protected financially. Have you already created a will or estate plan that outlines your wishes regarding inheritance?

I don't know.

Lexi, Chatbot

Are there any specific assets or properties that you are particularly concerned about in terms of inheritance for your wife?

Michael M. Esq.

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Do you want your estate plan to address what happens if your wife passes before you or at the same time? It sounds like you want to make sure your wife is well-protected. Have you already created a will or any other estate planning documents?

Yes, I made a document online.

Michael M. Esq.

Understood! So you're just wondering what it is you can do here, correct?

Yes, and additionally if holding our home as Joint Tenants (JT) is good. Please confirm if I die my wife becomes the sole owner of the home because we hold title as JT.

Also, is this Last Will and Testament enough to protect my wife financially and exclude my son from inheriting or being a beneficiary? We do not want a trust at this time.

Michael M. Esq.

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

My wife and I are basically on our own. She has a sister and brother, but both are in poor health. I have a sister and mother, but my mom is old and her health is failing. My sister and I do not speak.

What is your legal name and the name you use to hold your practicing law license and what state are you listed on the bar and licensed to practice law in?

Michael M. Esq.

Sure thing! My friends call me Michael. I'm licensed in California, but because I'm not representing you, I can answer your question.

Michael M. Esq.

The short answer:

A will alone does not stop a disinherited child from trying to cause problems, but Utah law gives you strong tools to make your wishes stick:

Joint tenancy passes the house automatically to your wife. (UT Code § 57-1-5)
Your son cannot claim it. (UT Code § 75-2-201)
Your will must clearly state you are intentionally leaving him nothing. (UT Code § 75-2-302)

Long answer:

Your son does NOT have a forced share under Utah law (only spouses do). (UT Code § 75-2-201)
A properly signed and witnessed will is valid.
Joint tenancy property and beneficiary-designated accounts bypass probate.
Only assets in your sole name pass under the will. (UT Code § 75-3-101)

Recommended steps:

Add a clear disinheritance clause.
Sign with two neutral witnesses.
Ensure checking account passes automatically (already likely covered).
Optionally include a letter explaining your wishes.

Does that help clarify things?

My last will used this clause for disinheritance:

EXCLUSIONS
It is my intention under this Will to specifically exclude the following individuals from receiving any portion of my Residual Estate: [my son's name]

Does it need to say “my only child, son [my son's name]?"

Michael M. Esq.

You do not have to add “my only child.” Naming him directly is sufficient under Utah law. You may add that wording for clarity if you wish, but legally it is not required.

What do you mean retitle the checking account? We are both signers — a joint checking account. Would a POD “retitle” it? Both of our Social Security checks are deposited there.

Michael M. Esq.

Your joint checking account already passes automatically to your wife upon your death. You do not need to change it. A POD is unnecessary unless the account were solely in your name.

What does a forced share in Utah mean?

Michael M. Esq.

A forced share refers to a surviving spouse’s legal right to claim part of an estate regardless of what a will says. This does not apply to children. Your son cannot claim a forced share

So what can my son claim? If I clearly state I exclude him, what can he take? If he forces my wife into probate?

Michael M. Esq.

If your will excludes him properly, he receives nothing. Assets in joint tenancy and beneficiary accounts bypass probate and go directly to your wife.

He could only challenge the will by claiming incapacity or undue influence, which is difficult to prove if the will is properly executed.

We have a house full of furniture. But really my only personal property is my stereo equipment and music collection. If everything else is joint tenancy or beneficiary-designated, do I need a will?

Michael M. Esq.

A will may not be strictly necessary for major assets since they already pass automatically. However, a will is helpful as a backup and for personal property like your stereo and music collection.

If I do need a will, should I state my personal property is only my stereo equipment and music collection and everything else belongs to my wife?

Michael M. Esq.

Yes, you can clarify that in your will. That helps avoid confusion and potential disputes.

Excellent! Thank you so much!

Michael M. Esq.

Did I thoroughly address your question? I want to make sure I didn’t leave anything out.

We recently settled my wife’s mother’s trust. An attorney tried to force it into probate anyway. It didn’t go. That’s why my wife doesn’t want a trust.

Yes, you answered my questions. Good service. Thank you.

Michael M. Esq.

I understand your concern.

With joint tenancy and beneficiary designations, you have strong probate-avoidance measures already in place. A trust is optional and can always be revisited later.

Thank you much! Will you email me a transcript?

Michael M. Esq.

I can’t email it, but you should be able to access your conversation history.

Please end chat. Thank you.

Michael, in answering all these questions, you remembered my son is from a first marriage and unrelated to my current wife of 40 years?

Michael M. Esq.

Yes, I kept that in mind throughout. The advice was tailored specifically to exclude your son from your first marriage and protect your current wife.

Michael M. Esq.

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