Disinheriting A Child

disinheritingWhen you first hold your tiny baby in your arms, you can hardly imagine that miniature person becoming a grown-up. However, as the years pass and your child moves into adulthood and beyond, you may find that your relationship changes dramatically. No matter what circumstances lead to it or who is primarily at fault, you and your child may one day discover that you have absolutely nothing in common. In fact, your child may have done things that are repulsive to you— things that force you to consider disinheriting that child from your will.

Disinheriting a Child or Dependent

Every case of disinheritance is different. Whatever your reasons may be for disinheriting your child, you will need the help of a good estate planning lawyer to word your will or trust correctly. You should have a clear, unmistakable statement, naming the person you plan to disinherit. Your estate planning attorney may also recommend that you leave a note or a letter for the court, listing in greater detail the underlying reasons for the action that you have taken. Explain your reasons briefly, clearly, and with the reasons behind your decision.

Contesting the Will

If you go through with your decision to disinherit your child, you need to understand that the disinheritance may not actually happen. Upon your death, your child can contest your will, and under specific circumstances, the law may allow the court to make provisions for your children.

After your death, if your disinherited child decides to challenge the will, the court will examine any reasons that you cited for the disinheritance. The reasons must, in the court’s perspective, be sufficient to negate a parent’s moral or legal obligation to children. Legal precedents and laws regarding disinheritance exist to protect children and close dependents from being financially devastated through the cruelty, negligence, or narrow-mindedness of a parent or step-parent.

Consider Two Scenarios

A court may decide to restore your child’s portion of the inheritance if your reasons for disinheriting the child are not sufficient or if they no longer apply at the time of your death. For example, the court may change the will if parents disinherited their son because of their disappointment in his chosen career, or because the son has a different sexual orientation.

Think about another scenario, based on a real-life occurrence. A mother decides to let her son live with her since he has nowhere else to go. Without her permission, he begins operating a drug business from her home, leading to legal trouble for both of them. In addition, the son steals his mother’s belongings for himself and attempts to take over her financial affairs. In such a case, the court may uphold the disinheritance, since the son has obviously caused his mother extreme grief and trouble and has a history of using poor judgment.

Changing the Future

It’s a good idea to go ahead and write out your reasons before you make any permanent changes to your will. As you lay out your reasons on paper and consider the pain, anger, and other feelings that you have, you may discover that you aren’t ready to take such a drastic step yet. In some cases, counseling can help to resolve family issues.  If you are concerned about a wasteful child, creating a trust may help prevent any wasteful spending. This way, you can still give the child an inheritance, but attach some qualifications and restrictions.  In other situations, disinheritance is your only option to protect your property from falling into unworthy hands. Talk to your lawyer and find out more about your options today.


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About Nicole K. White

After losing a close relative, Nicole witnessed the devastation, enormous expense and chaos caused by not having a simple estate plan. It is Nicole’s mission to educate parents, especially single parents, about protecting themselves, their families, minor children, and assets with comprehensive Estate Planning.

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