The Danger of Writing Someone Out of Your Will in Stuart, Florida

Many people feel tempted to write people out of their Wills in Stuart. “Disinheriting” someone is a valid choice that may feel necessary under certain circumstances. Perhaps your loved one betrayed you in some way. Maybe they have a history of stealing from you or engaging in substance abuse. You might feel that your family member will waste your hard-earned life savings on frivolous expenses. Your loved one may have substantial wealth of their own and not need your money. Whatever the case may be, you should be aware of the potential issues that may arise.

The Person You Disinherit May Challenge Your Will

If you disinherit someone, they are usually more likely to challenge your Will after you pass away. This is something most people want to avoid since it can make the probate process time-consuming and costly. When someone challenges your Will, they will attempt to argue that it was invalid in some way. A disinherited individual is more likely to take this action, as they may feel that you couldn’t have possibly removed them from the Will.

As a result, they may attempt to prove that you signed your Will under duress, or that you were mentally incapacitated when you signed it. Maybe they will try to prove that your signature was forged. Although these strategies have little chance of success if based on false allegations, they could make probate more expensive for your other loved ones.

Using a Lawyer Will Protect The Validity of Your Documents 

By using a law firm to prepare your documents and oversee their signing, you are taking a major step in protecting the validity of the plan of distribution. Your lawyer and the witnesses that attended the will signing ceremony will have take notes and will be able to testifiy in Court as to your competence and demeanor on the day you signed your will. This will go a long way toward proving that the will was not forged nor signed while the decedent was under duress.

 Consider Using Trusts

 You can also use a trust to avoid leaving the same amount of money to a beneficiary. For example, you could set up a trust that only provides their inheritance if they complete certain tasks or achievements. These tasks might include the successful completion of a university degree or treatment at a substance abuse rehabilitation center.

You can make these tasks as difficult as you like, even to the point where their completion becomes essentially impossible. This may achieve the same basic goal as disinheritance, but with at least a glimmer of hope for the beneficiary. When the inevitable failure occurs, your other beneficiaries may receive the funds.

Can an Estate Planning Lawyer in Stuart Help Me? 

An estate planning lawyer in Stuart may be able to help if you’re struggling to decide who to remove from your Will. You should be able to make this choice without unnecessary issues – but only if you carefully consider the consequences. It may be worth discussing your unique situation with a lawyer before making any rash decisions. Consider scheduling a consultation with Kitroser Lewis & Mighdoll today to learn more about your legal options.

Sources: 

americanbar.org/groups/real_property_trust_estate/resources/estate-planning/intro-wills/

floridabar.org/public/consumer/pamphlet011/