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Can You Legally Leave Your Kids Out of Your Will in New York?

June 9, 2020
David Parker, Esq.
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David Parker, White Plains and New City NY Estate Planning Attorney
David Parker, Esq.
David Parker is an attorney who specializes in Estate Planning and Elder Law and has been practicing law for 30 years. Be it Wills, Trusts, Powers of Attorney, Health Care Proxies, or Medicaid Planning, David provides comprehensive and caring counsel for seniors and their families. A large portion of David’s practice is asset protection strategies so that families do not lose their hard earned savings to nursing home care costs. He also handles probate administration for the settlement of estates.
Kirk Douglas chose to leave his $61 million fortune to charity, rather than giving any to his son Michael.

Kirk Douglas died in February 2020 at the age of 103, leaving behind a $61 million estate — and a decision that surprised a lot of people. None of it went to his son Michael. Instead, the bulk of his wealth went to the Douglas Foundation, supporting causes including St. Lawrence University, Children's Hospital Los Angeles, and several other organizations he cared about deeply. Michael Douglas, worth an estimated $300 million on his own, was not listed as a beneficiary.

It was a deliberate, well-executed plan. And it raises a question worth understanding: can you actually do that in New York?

In New York, It's Your Estate and Your Choice

Many people assume their children are automatically entitled to a share of their estate. In New York, that's not the case. Unlike a surviving spouse, who has certain legal protections under New York's elective share laws, adult children have no automatic right to inherit from a parent. You are generally free to leave your assets to whomever you choose, whether that's a child, a sibling, a close friend, a charity, or some combination.

What matters is that your wishes are clearly and legally documented.

A Clean Outcome Doesn't Happen by Accident

What's notable about Kirk Douglas's estate isn't just the dollar amount, it's that there were no disputes, no legal challenges, and no public family drama. His intentions were clearly laid out, his foundation was properly structured, and everything transferred as planned.

That kind of outcome requires preparation. Without the right documents in place, even straightforward wishes can become complicated, especially when family members are surprised or disappointed by what they find.

What This Means for Your Family

You don't need a Hollywood fortune to benefit from a thoughtful estate plan. Whether you want to provide equally for your children, treat them differently based on your circumstances, support a charity, or protect a spouse first, the right plan gives you control over what happens after you're gone.

In New York, a well-drafted will or revocable trust can document your intentions clearly, reduce the risk of disputes, and make sure your legacy reflects what actually matters to you.

Start the Conversation with David Parker

Attorney David Parker has helped individuals and families throughout White Plains, New City, and the surrounding area think through exactly these kinds of decisions with clarity, care, and no pressure. If you've been putting off getting your estate plan in order, a 15-minute conversation is the easiest place to start.

Book your free discovery call with David Parker today.

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