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Most parents want some or all of their assets to go to their children when they die. Exceptions can occur when a parent believes the children already have enough, when a child and parent are estranged or when a parent fears leaving the child money will do more harm than good, because they would use it to fund their addictions.
Most children would expect to receive something from their parents. If they only discover they’re not receiving anything once their parent has died, they might suspect foul play and mount a challenge. That could cause problems for the named beneficiaries. If the court agrees to hear their challenge, nothing will be distributed until the court rules on the issue. It could also lead to conflicts between the person who files the challenge and the rest of the family.
If you are intent on disinheriting one or more of your children, there are a few things to bear in mind. Let’s look at a few.
You can’t disinherit minors
You can only disinherit your child if they are 18 or over. If you die while they are still a minor, the law does not permit you to disinherit them. Even if you write that you wish to leave them nothing in your will, a court will award them a share of your estate.
People can change
Maybe you are disinheriting someone due to their addiction. They’ve been in and out of rehab but always return to the drugs. Just because they haven’t managed to kick the habit yet, that does not mean they never will. Rather than disinheriting them, placing some money in a trust to be given to them if they ever succeed in getting clean might be better.
Be clear about your intentions
You need to make your choices clear in your will. You should also consider explaining your motives to your child now. Both can reduce the chance of a will contest, and talking to the person might even cause you to change your mind. Contact us online or call today for a free consultation with Pennington Law, PLLC.
