Can I disinherit my son so that my grandchildren are provided for after my death?

Question:
I am the sole caregiver and legal custodian of my two grandchildren, ages 13 and 17. My only child is my grandchildren’s father. My son and the children’s mother have had no contact with the children since they were babies. A friend told me that if I should die before my son, my son would inherit my estate. I am a 76-year-old widow and I want to take care of my grandchildren even after my death. Can I disinherit my son so that my grandchildren are provided for after my death?
Answer:
Yes. You can disinherit your son, but in order to do so you must do some sort of estate planning. If you die without a Will, your estate will be distributed according to Oregon laws of intestacy. Because you do not have a spouse, your next of kin is your son and he would inherit your estate. If you do not want this to happen, you need to have an estate plan in place before you die that provides for your grandchildren and disinherits your son. Since your grandchildren are both minors, you also need to think about who should have custody of your grandchildren and who should manage your assets for your grandchildren’s benefit upon your death.
You can plan your estate using either a Will or a Trust. A Will is a legal document that shows who gets your assets after you die. A Trust is a legal document that also shows who gets your assets after you die but may be a better vehicle for managing the assets for your grandchildren’s benefit until they come of age. You should consult with an attorney about which legal document is best for you and your situation. In addition, you should also plan ahead for yourself. You are elderly and it is possible that you may become ill and require care. There are several options for protecting you and your grandchildren in this situation. However, you should discuss your situation with an attorney so you know which legal options are best for you.