How Do I Disinherit Someone?
An estate planning lawyer understands that many families have issues that cause arguments and disagreements. But sometimes, those fights become so intense that family members can become estranged. When this happens, the hope is that reconciliation can someday take place, but in many situations, this never happens.
At the Brandy Austin Law Firm, we have been assisting clients with estate litigation issues for many years and understand how some family disputes over a loved one’s will and other estate plans can happen. We have worked with clients who have made the difficult decision to exclude a child or children from their will and know that there are important steps to take in order to make sure this decision cannot be contested later on. If you have estate litigation issues you would like assistance with, please contact our office.
If you have made the decision to intentionally leave a child out of your will, you will want to make sure to have a qualified estate planning lawyer execute the will. Attempting to do draft your own will, or using online websites, when you plan on leaving family members out of it is almost a guarantee that family member will contest the will and question its validity. Instead, if you are planning on disinheriting someone who is expecting to inherit, having a skilled lawyer who is well versed in probate law ensure the will has been correctly drafted, contains the proper signature, witnessed, and notarized to make the will contest-proof.
You will also want to make sure to discuss your decision with family members, even the child you are disinheriting. This allows you to fully explain your decision, as well as save other family members from being direct targets of the anger and confrontation that the family member who is being left out of the will may react with when they learn they have been disinherited. Also, by expressing your wishes and the reasons behind it to other family members, you are also leaving proof that you knew what you were doing should that decision be contested after you pass away.
In the event you are not disinheriting the person entirely, but aware they may feel they are entitled to more, you could have your Arlington TX estate planning lawyer add a no contest clause to your will. This means that if any beneficiary contests your will, they would lose their right to any inheritance that was designated for them.
Another option you have is to designate beneficiaries on your financial accounts, such as savings and retirement accounts. When you designate a beneficiary, the account does not become part of the estate when you die but instead goes directly to the person you have named, therefore, the decision cannot be challenged in court like a will can.
Contact an Arlington TX Estate Planning Lawyer
An estate planning lawyer can provide more details about issues that can trigger litigation concerns in a person’s estate plan, as well as get the answer to the question, “How do I disinherit someone?”
Call an estate litigation attorney today for a free consultation.
