Internet Supports Redditor Who Wants to Leave Niece With Inheritance But Not Nephew

A Redditor who goes only by u/throwaway_inheret went viral after posting about how they wanted to give their niece an inheritance but not their nephew.

In the "Am I The A**hole" post, which received more than 10,700 votes in less than 17 hours, the Redditor explained that a few months ago they were diagnosed with a terminal illness and were given about one to two years to live.

"I'm dealing with it. I've had a good life and no regrets," u/throwaway_inheret wrote. "Part of dealing with it is getting my affairs in order before I leave the stage."

User u/Throwaway_inheret explained in the post that their sister has two children, a 13-year-old daughter from a previous marriage and a five-year-old son with her new husband.

"My niece's father skipped out on them and my sister had a rough time of it, so I helped them out early on," the Redditor explained. "Her husband is well off so they're set now, but it's become very obvious to me over the years that he wishes my niece weren't in their lives."

The post explained that the niece is not neglected but that she is often left out of things and the nephew is "heavily favored."

"I've talked to my sister about it at various points, but she's in denial and I don't think would ever have the courage to stand up to her husband. I've tried to make it up to my niece in quiet ways, but I know it still hurts and I worry about her," u/Throwaway_inheret wrote.

The Redditor explained that they are sitting on a "large chunk of change" and also have a retirement fund that they will not use.

"My sister has made no plans for my niece's college or anything else, but the girl is incredibly smart and hardworking in school and she deserves a chance to make the most of herself," the post read. "It's my intention to have everything put in trust for her after my death, managed by my executor until she's 25 so that her parents can't touch it, she can have money for school, and some time to mature before being fully in control."

The post also explained that the Redditor's nephew has a trust fund from his father and that he does not need the money.

"Ironically, this would put her in a better financial position than the rest of the family, but I think that's justice at this point considering how much she's put up with and missed out on," u/Throwaway_inheret wrote.

The post explained that when the Redditor sat down to lay out their plans, their sister was "deeply offended" because she and her son were "excluded." The sister said she thinks the money should all be left to her and that it can be equally split between the kids.

"My father loathes BIL and said he agrees with me not letting him or my sister near the trust, but I could leave my nephew something to save face," the post read. "My mother is too distraught to have an opinion right now. BIL made a joke later about contesting the will, and my sister isn't speaking to me."

The Redditor said they feel the responsibility to look after their niece and believe their nephew is being looked after. But, they wrote that they also love their nephew and don't want him to feel bad when he gets older so they left him some non-monetary items.

Stack of money
A Redditor went viral after stating they planned on leaving their niece with an inheritance but not their nephew. Many suggested that the Redditor get a good lawyer so the will cannot be contested after death. OZAN KOSE/AFP via Getty Images

More than 1,140 users left comments on the post, with many suggesting that u/throwaway_inheret find a lawyer to help them with the situation.

"Another option could be to set up a trust for her before you pass away," one user suggested. "Either way you really need a lawyer."

Others mentioned the possibility that the Redditor's sister could contest the will. While the laws vary by state, "interested parties" listed in the official will have the opportunity to challenge what is written. In this case, users worried that u/Throwaway_inheret's sister or brother-in-law would attempt to contest the will and have her and her son added.

But some mentioned that in order to contest, the sister would have to be named as a beneficiary. In some cases of intestacy, or dying without a will, individuals can challenge that they should inherit the property and money.

In the comments, one user suggested that u/Throwaway_inheret check with a lawyer to be sure the money will go only to their niece.

"The laws governing disinheriting someone vary. It could be you have to explicitly name them and state you are disinheriting them, or you have to give a 'token amount' to demonstrate they weren't accidentally forgotten," the user commented. "Same thing with introducing a do-not-contest clause."

But others mentioned that normally, the next of kin or spouse is able to contest and u/Throwaway_inheret does not have either.

"OP really just needs to set up the trust ahead of time while they're alive," another user suggested. "No question of questionable disinheritance if it's done pre death."