One unfortunate reality of estate planning is the need for parents to legally disown an adult child. Various reasons, such as familial disputes, may lead a parent to consider this option. If this is a situation you find yourself facing, you’ll want to understand the process for disowning and under what circumstances it should be pursued.
Legal Independence and Disinheritance as a Legal Tool
Legally, when a child turns 18, they are considered an adult and are no longer the parent’s responsibility. This means that at the age of majority, the child has their own legal rights and responsibilities and is independent from their parents in the eyes of the law. This puts them outside of ‘disowning’ in the usual legal sense.
For parents looking to formally disown an adult child, the process is often done through disinheritance in an estate plan. Disinheritance involves explicitly stating in legal documents, like a will or trust, that you do not wish for a specific child to receive any part of your estate upon your passing.
Properly drafted disinheritance provisions help to avoid any legal ambiguity. A poorly drafted disinheritance clause can lead to disputes where the disinherited child may contest the will, claiming they were meant to receive something. This happens in instances where a will contains language splitting a state ‘equally to each of the children’ or something like it. To ensure your wishes are clearly communicated and legally enforceable, specific language must be used to disinherit a child.
Seeking Professional Estate Planning Advice
An estate planning attorney can help you understand your options and ensure that your estate plan reflects your wishes accurately. They can provide guidance on how to draft disinheritance provisions effectively to avoid legal challenges from a disinherited child.
Disowning an adult child through disinheritance is a significant decision with legal implications. At Clear Counsel Law Group we work to ensure your estate plan is thorough, clear, and aligns with your intentions, providing peace of mind for the future distribution of your assets.