Estate planning can be emotionally taxing, especially when it involves decisions about disinheriting a family member. Estate planning attorneys encounter situations where clients hesitate to disclose all relevant information, which leads to future complications. The most common of which is prolonged probate proceedings.
The Case of the Forgotten Child
A common scenario involves clients who have a child, whom they haven’t spoken to in years and wish to exclude from their estate. They might tell their attorney about two other children, Bobby and Susie, while omitting the third child, Johnny. By not mentioning him they assume this will automatically disinherit him. This approach can backfire in more than one way.
In states like Nevada, the law requires you to expressly disinherit next of kin to prevent them from claiming a share of the estate. If Johnny goes unmentioned in your estate plan, he could legally argue that his exclusion was an oversight, not intentional. To avoid this, your estate plan must clearly state that you intend to disinherit Johnny.
How to Disinherit Properly
Disinheritance can be addressed in various ways. For example, the estate plan could state, “I desire to disinherit Johnny and treat him as if he predeceased me.” Alternatively, if you already provided for Johnny during your lifetime, this can be explained in the estate plan, making it clear why he’s not included.
Withholding information from your attorney can lead to other unintended consequences. For example, if you’re still legally married to someone you’ve been separated from for years, they might still have legal claims to your estate. Especially if the state they, or you, live in is a community property state. Full disclosure of all relevant information is the best way to head off problems. This includes previous marriages that weren’t formally dissolved.
Seeking Professional Help
If you’re considering disinheriting someone or have unresolved legal issues from your past, it’s essential to consult with an attorney at Clear Counsel Law Group. We offer no-charge consultations to review your situation, whether you already have estate planning documents or just ideas that need to be formalized.
During the consultation, it’s vital to disclose all relevant information. This ensures that your estate plan accurately reflects your wishes and prevents potential legal challenges.