Do I have to leave my kid $1 in my Will?

by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

When it comes to estate planning, one of the most common—and misunderstood—questions we hear is: "Do I have to leave my child a dollar?"

The short answer in Texas is: No, you don't.

But the full picture deserves a closer look.

At Ishara and Parker Law Firm in Longview, Texas, we regularly meet families facing difficult decisions about how to distribute their estate—especially when relationships are strained, complicated, or simply no longer close. Whether you have a child facing personal challenges, or one who’s financially independent while another still needs support, Texas law gives you broad discretion to make the choices that are right for your family.

Let’s walk through what you need to know.

1. Texas Gives You Control

In Texas, you can leave your estate to anyone you choose—regardless of whether they’re family. You’re not required to split assets equally among your children. In fact, you’re not required to include your children at all.

Whether you want to leave everything to a spouse, a friend, a charity, or your neighbor, the law is clear: there’s no “right to inherit” for children in Texas.

2. Why Leaving a Dollar Is Usually a Mistake

Many people think they must leave their child “a dollar” to prove they weren’t forgotten. But this often backfires.

When you leave even a small amount—say, a dollar—to a child in your will, that child becomes a legal beneficiary. That means your executor must:

  • Formally notify them of the probate proceeding
  • Provide a copy of the will
  • Disclose the estate’s full inventory

So now, not only have you potentially hurt that child’s feelings by leaving them a token amount, you’ve also given them legal standing to contest the will—with full access to the details of your estate. This raises the stress and cost of probate for everyone involved.

3. What’s the Right Approach?

We usually recommend one of two approaches:

Option 1: Direct Exclusion
Clearly state in your will that a specific child (and their descendants, if desired) are excluded from inheriting. It’s emotionally tough, but legally clean.

Option 2: Omission Without Explanation
Some parents prefer a softer approach: list the children correctly, but only name those you want to inherit. This avoids singling out anyone explicitly, while still ensuring your wishes are followed.

Important: Do not include reasons or justifications for excluding someone. If you write “I’m excluding Sally because she married Joe,” and they later divorce, you’ve created a potential argument for contesting the will.

4. Leaving a Small Amount? Use a Contest Clause

If you do want to leave something—say, $25,000—to an estranged child, consider including a contest clause in your will. This clause states that if any beneficiary challenges the will, they forfeit their inheritance.

While a dollar isn’t a strong enough incentive, a more substantial amount might encourage that child to accept your decision without contesting it.

5. Use Outside-the-Will Planning if Needed

Some parents wish to provide for a child without involving them in the will or the probate process. In these cases, it may make sense to:

  • Take out a life insurance policy with that child as the beneficiary
  • Open a bank account designated to transfer-on-death to the child
  • Use other non-probate assets to fulfill your intent

This approach is particularly helpful in blended families, where one spouse wants to provide for a child from a previous relationship without complicating the surviving spouse’s estate.

6. Be Mindful of the Burden on Your Executor

Whoever you appoint as executor—often your “good kid”—is responsible for handling all the beneficiaries. If you name a child with whom you’ve had no contact in 20 years, your executor will still need to find and notify them.

That’s a heavy burden, especially if there’s a history of estrangement or conflict.

7. Trusts May Be the Better Option

If privacy, simplicity, or emotional sensitivity are priorities, consider setting up a trust. Trusts don’t go through probate and aren’t public. They also give you more control over how and when your assets are distributed.

Plan With Intent, Not Emotion

Estate planning is personal and, at times, emotional. But whether you’re including or excluding someone, the key is to make those choices with clarity and intent, not by default or out of guilt.

Leaving someone a dollar might seem like a clever workaround, but it often creates more problems than it solves. If you’re in this situation, we’d love to help you build a plan that works—legally, financially, and emotionally—for your unique family.

Contact Ishara and Parker Law Firm today to schedule a consultation and take the next step in securing your legacy.