Estate planning is an intensely personal process. Sometimes, it involves making the difficult decision to disinherit a family member. Attorneys that deal with estate planning often guide clients through delicate processes.
The fundamental principle of estate planning is that it’s your estate and your plan. Just as no one can dictate how you should spend your money during your lifetime, the same autonomy applies to how you plan your estate. The role of estate planning attorneys is to facilitate your wishes and advise you on any legal considerations. The chief aim is to create documents that encode your wishes now and avoid future legal hurdles from disrupting those wishes.
Disinheriting an Heir
Disinheriting someone is generally straightforward. However, there are circumstances where it might not be fully effective. For instance, attempting to completely disinherit a spouse is complicated in states with community property laws. While you might be able to disinherit them from your separate property, community property is shared and may not be fully excluded from inheritance.
It’s important to be specific when disinheriting. Legal processes run on specific language that explicitly states what is and what is not allowed. Any wiggle room that isn’t encoded within that language allows another party to try to make changes. For example, consider a family with three children that wants to exclude one. Simply allocating 50% of the estate to the first two children without mentioning the third could lead to legal challenges. The excluded child might claim it was an oversight and argue for an equal share, especially if the language ‘splits’ the estate between the other two. A more robust approach is to explicitly state in the estate plan that intention to disinherit the third child.
Should You Explain Your Reasons?
Including explanations for disinheritance depends on your personal preference and the context. In some cases, it can be helpful. For example, if you’ve already provided substantially for one child (like buying them a house), you might state that former support as the reason for excluding them from the estate. However, if the reason for disinheritance is rooted in family conflict, it may be best to keep the estate plan simple and avoid delving into potentially painful details.
If you’re considering disinheriting someone in your estate plan, it’s essential to do so correctly. Consulting with an estate planning attorney at Clear Counsel Law Group can ensure that your wishes are clearly and legally articulated. This approach helps prevent future disputes and ensures that your estate is distributed according to your exact intentions.