Saia, Marrocco & Jensen Partner Group Photo
Choose A Team Of
Award-Winning Attorneys

What should I know before disinheriting a child from my will?

On Behalf of | Jun 27, 2019 | Estate Planning |

Disinheriting a child from a will is a matter that should be taken very seriously. It usually occurs when a child has been provided financial support in the long term, perhaps at the expense of other children and family members. Emotional factors may also come into play, especially if parent and child have experienced a serious falling out.

No matter the underlying reason, keep the following factors in mind if you are considering disinheritance.

Consider other options

First, there are options that give you greater control over the way your assets are dispersed. You might be concerned about providing a large amount of money to an heir with financial issues or addiction struggles. In this case, a trust can be beneficial, as trusts allow you to set certain criteria before your heir can receive assets.

You might mandate that your child need to secure full-time employment or undergo drug treatment before being privy to an inheritance. When creating a trust, it’s best to have an attorney’s assistance to ensure you’re compliant with the law.

Make your intentions clear

If you decide to move forward with the disinheritance, make sure your reasons are clearly stated within estate planning documents. You want to reduce the chance that the heir will contest the will, which can be an emotional, drawn-out process for all involved. Not including a person’s name in a will is not enough, as the argument could be made that you omitted your child in error.

Update your beneficiaries

Also, update your beneficiary designations to reflect your most current wishes. If you disinherit a child from your estate plan but fail to update beneficiary designations on life insurance policies or retirement accounts, this information will actually supersede whatever is contained within your will. It’s a good idea to look over beneficiary designations every few years or so to determine whether they continue to meet your needs.


FindLaw Network