Sibling Not Included In Will

[Matt Carlson]

Jurisdiction

Massachusetts

I was the only one of seven siblings who was not included in my parent's will. If all the beneficiaries of the will, who are my siblings, agree that I should receive something from the estate, can they legally have me included as a beneficiary? Thank you for your time and attention.

 

[doucar]

No, but they can voluntarily gift you any amount they choose.

 

[Matt Carlson]

Thank you for such a quick response. If I could ask one follow-up question? Are there any tax implications of them voluntarily gifting an amount to me?

 

[flyingron]

Depends on how much they give you. Anything over $16,000 (per donor) needs to be reported, but there is no tax do until they hit the $12 million lifetime gift exemption.

There are a few times when omitted children can get a share of the estate, but it is very narrow. Essentially, you have to have been born after the will was executed and such future children are not specifically disinherited.

 

[zddoodah]

If all the beneficiaries of the will, who are my siblings, agree that I should receive something from the estate, can they legally have me included as a beneficiary?

No, but they can all give you a share of what they receive.

 

[Tax Counsel]

I was the only one of seven siblings who was not included in my parent's will. If all the beneficiaries of the will, who are my siblings, agree that I should receive something from the estate, can they legally have me included as a beneficiary? Thank you for your time and attention.

I'd ask a probate attorney in the state where the probate is taking place. Some states do allow such changes if all beneficiaries agree to it and all are of them are competent adults. For example, NJ has a statute that expressly allows such changes. In what state is the probate taking place?

 

[Matt Carlson]

In Massachusetts.