If you have chosen to disinherit someone from your estate, you need to take a few steps to ensure that your wishes are carried out. First, your estate planning documents must clearly explain the disinheritance. Second, you should be prepared for conflict if others learn of your choice. Third, it is a very good idea to speak to an estate planning lawyer and have him or her prepare the necessary documents.
- How to Disinherit Someone from Your Estate
Deciding not to give someone close to you any money or property upon your death is a very common choice. That person may not be in your life anymore, you may have had a serious disagreement, or you may think that he or she does not need the money. It is perfectly fine to disinherit someone if you would like, but the key is to do it effectively.
To disinherit someone from your estate in the most effective way, you need to explicitly exclude that person from your will. In other words, your will needs to state in plain terms that you do not want the person to inherit anything. Alternatively, it could state that the person should inherit only a small sum or a particular item of personal property and nothing more.
In some cases, the law does not really allow you to disinherit someone unless your will says so. For example, there are laws that protect spouses from being disinherited. Some courts will enforce these laws even if it appears that a deceased person wanted to disinherit his or her spouse.
- Get a Lawyer
To avoid a situation where your wishes for disinheriting someone are not carried out, get a lawyer. A good estate planning lawyer can prepare your will to your specifications. The will often should include a specific statement that you are disinheriting a person, especially if it is a close relative. Also, he or she can discuss the legal implications of disinheriting someone with you. If you need other estate planning documents to distribute your estate to your chosen heirs, your lawyer can assist with those too.
- Be Prepared for the Consequences
Unfortunately, your family members may be very unhappy if they learn that you plan to disinherit someone. This is especially true if the person is a close relative. Be prepared to either keep your decision a secret or explain yourself to your family. If you do keep the decision a secret, be aware that your estate could face a will dispute in probate court after your death.
Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.