There are various problems that can make you disinherit your child. These include:
- You have a bad relationship with the child
- The child has amassed a large estate and they don’t need what you have to give them
- One of the kids has the greatest needs, for instance, a child with special needs.
Whatever reasons you have to disinherit the kid, the process should be done under the able guidance of an estate planning attorney.
Let us look at the process of disinheriting your child.
Consider Other Options
Before you go ahead and strike out the name of your child from the beneficiary list, you need to talk to your lawyer and find out if there is another route you can take. Remember that this process gives rise to a lot of bad blood between the child and the other members of the family, so if there is another way to handle the situation, the better.
You can think about the situation in such a way that your kid will one day change. Look beyond the addiction, the irresponsible behavior and any other reason that makes you want to disinherit the kid. Instead, you need to think that the child will change soon. We have seen addicts that have changed their lifestyles to the better. Give them a chance.
If you feel like disinheriting the child so that they stay eligible for government support, then you can come up with a trust to supplement their benefits.
Consider the Possibility of Disinheriting the Child
You need to know whether it is possible to disinherit the kid or not. Some states allow you to do this, while others don’t. Some states will allow you to disinherit an adult child and not a minor.
Talk to an estate planning lawyer today to find out what the law talks about disinheriting a child, and get the best way to do it.
Regardless of the states’ rules, some situations require you to strike your child off the list, and you have the right to do so. When you do, make sure you do it the right way, otherwise the child will contest the will and will still receive an inheritance when you didn’t want them to do so.
Edit Your Will
If you don’t have one, you need to come up with a will. If you already have a will, you need to update it to show that the child isn’t part of it anymore.
Work with your attorney to come up with an updated version and make sure you make copies and give to the people that matter for storage.
When making the will, you need to communicate your intentions clearly. Point out the child being disinherited by name and designation. You need to spell out the reasons so that the child won’t contest the will when it is read out.
You need to let the kid know why they are being disinherited. When you give them a reason and they acknowledge it, it won’t come as a surprise to them when they find that they aren’t part of the last will. This is especially vital when you have other children that are receiving their inheritance.
When you let them know, you prevent any bad blood between him and his siblings. This will also prevent a contest from coming up.
Have a Provision for Him
If you are disinheriting a child and later on the relationship gets repaired, it can be catastrophic to you. You need to have a provision to allow you to update the will as you wish, depending on the circumstances.
Consider the Effect on Other Family Members
When you decide to disinherit the child, you need to understand that you might end up hurting other people that are innocent. So, make sure you consider the following before you make the final decision:
- Does your child have dependents? If so, how do you regard the fact that they need your assistance?
- If you don’t leave money to the child, won’t the other siblings come in and assist?
- How will the process affect the way your family relates? Will it led to a split or will things remain the same?
When you answer these questions, you will be better placed to make a decision.
Disinheriting a child isn’t an easy step to take. You need to put into consideration many things that might affect the way you handle the process. Talk to an estate planning lawyer to help you with the process.