The Basics Of Disinheriting A Child

If you are an adult and are creating an estate plan, you may have a dilemma, when it comes to leaving property or assets to your adult children.

On the one hand, they are your children; you naturally want to provide for them in your will, trust or estate plan, and leave them a lasting legacy that shows how much you care for them.

But for some, you may not want to leave them anything in your estate plan. That may cause you some embarrassment, even shame, but it should not. There are many valid reasons why people, all the time, intentionally do not provide for children to inherit anything in an estate plan.

Why Disinherit a Child?

Sometimes, we disinherit children, because they simply don’t need what we’re leaving to them. Your adult children may be well off, and you may feel others, perhaps even a charity, or another relative, may need what you are leaving more so than the child.

Family riffs do happen, and you may have a strained (or no) relationship with your child.

Either way, the point is the same: nobody will judge you for disinheriting a child. The question is can it be done, and how.

Do It Earlier

As a general rule, minor children cannot be disinherited. So, we’re only talking about not providing for adult children.

When and if you disinherit an adult child, the first thing someone (including a judge) may wonder is whether you were of sound mind when you created your estate plan. That’s not an insult—it’s just that strangers who don’t know your situation or your family dynamic, may not know the very valid underlying reasons that you had, for disinheriting a child.

That means that if that is your intention, you may want to take steps to create your estate plan, or amendments to it, as soon as possible. The younger you are when you create your estate plan, the less likely others may be to just assume that you were not mentally competent.

Dealing With Challenges

There is no legal impediment to disinheriting an adult child. You can disinherit a child, as easily as you could do with a stranger. But you can expect challenges to your estate plan, in most cases, should you disinherit a child, and that means you need to take steps to make your estate plan as unassailable as possible.

One way you can do that, is by leaving a letter of instruction in your estate plan, clarifying the reasons why you are disinheriting the child. That letter can show that your decision was made with logic and common sense and more importantly, sound mind.

When and if you do disinherit, it is also a good idea not just to leave the child out of the will. Rather, there should be specific language in the will or other estate documents specifically saying who is being disinherited.

Whatever your family dynamic  may be, we can help. Call the Torrance probate will and estate attorneys at Samuel Ford Law today to start working on your estate plan.

Source:

smartasset.com/estate-planning/legal-rights-of-disinherited-child