Sometimes, despite our best efforts, dissent between family members just happens. Maybe so much so, that you think about disinheriting your child. If you die without a will, the laws of intestacy will dictate how your assets are distributed. In most States, if there is a surviving spouse then that spouse will take all of your estate except if you have a child that is not the spouses. If, however, there is no surviving spouse, then your children will equally split the assets of the estate.
Before you pass away, you have the power to disinherit your children. The best way to accomplish the task is to create an estate plan. By doing that, you’ll be on your way to disinherit that spoiled brat or miscreant.
You need to create an estate plan in order to effectively and legally disinherit a child or children. While you are able to disinherit a child from the estate plan altogether, you cannot disinherit a spouse. If there is a surviving spouse, they inherit assets from your estate no matter what. There are certain rights they have, which can include electing against a will.
It’s easy to say that you can just write a will, but there is so much more to it than that. Your estate includes every tangible asset that you own. Remember, if this is all to disinherit a child, you’ll want to make sure that every asset is accounted for in your planning, whether by will or beneficiary designation.
A surefire way to have an effective estate plan is to work with a practicing probate attorney that focuses on estate planning. The Probate Pro can help you prepare an estate plan to your liking – even if it’s to disinherit someone. If you need estate planning services, give The Probate Pro a call today at (877) YOUR-FIRM.
