Can You Disinherit Your Family?

Not many people think about disinheriting a family member (particularly a close one, like a child) or being disinherited, but it does happen sometimes. In fact, statistics show that roughly 30% of people have thought about disinheriting a family member. Whether or not it actually happens, though, is unknown, as this type of information is hard to track.

People may choose to exclude family members from their estate plans for various reasons such as:

• Longstanding conflicts or estrangement.
• Belief that the person is already financially secure.
• Concerns about their financial responsibility or other personal issues.
• Preference to leave assets to others, such as non-family members and charities.

Disinheritance most commonly involves adult children, but spouses and other relatives may also be excluded from an estate plan. It depends on how badly a person wants to exclude someone from receiving their assets. The rate of follow-through is not particularly high due to potential family conflict, emotional damage, and the difficulty of the process.

Yes, you read that right. The process of disinheriting a family member can be complex. It is not as simple as omitting a name from your will. There is a whole explicit process involved. If you really want to disinherit someone, here are some key points to consider.

You Must Do It Explicitly Through a Valid Will

In Florida, disinheriting someone (especially a child) requires a clearly worded clause in a legally valid will. You cannot simply omit someone and assume that means they are excluded. If no valid will exists, Florida’s intestacy laws kick in. This means children and other relatives may automatically inherit part of the estate.

The Rules Differ Between Adult and Minor Children

Adult children can generally be disinherited without giving reasons, as long as the will is valid and free of undue influence. Minor children, however, enjoy more protection under Florida law:
They may be entitled to the family home even if a parent’s will tries to exclude them. They may also receive a small amount of money after a parent’s death to help with living expenses.

Disinheriting a Spouse is Much Harder

In Florida, a spouse is entitled to at least 30% of your estate, even if the will tries to exclude them. The only way to fully bar a spouse is via a prenuptial or postnuptial agreement in which they waive their rights.

Other Relatives Are Easier 

For family members who are not spouses or minor children, the process is simpler. You can name them in the will and expressly remove them from inheritance. Florida law will generally respect those wishes as long as the will is valid.

Seek Legal Help

Disinheriting a family member in Florida cannot be done by simple omission. It requires careful planning and strict adherence to state laws.

Because mistakes or ambiguous language can lead to legal challenges, it’s wise to seek legal help. Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can help you handle your estate so that your wishes are followed and there is no conflict. Call 954-764-4330 or fill out the online form to schedule a consultation today.

Source:

smartasset.com/financial-advisor/disinheriting-your-family-in-florida