How to “Disinherit” Someone in Palm Beach County
The decision to “disinherit” a family member in Palm Beach County can be a difficult one. However, you might have no other choice. If disinheriting someone who would ordinarily inherit property from you, it is important to disinherit a beneficiary in the most effective manner possible. A strategic approach to this problem may prevent numerous legal issues in the future. You may want to discuss your options with an experienced estate planning attorney.
What Does “Disinheriting” Mean?
When you “disinherit” someone, you remove them as a beneficiary from your Will or trust. You might also remove any legal pathways for them to benefit from your estate. These might include life insurance payouts, accounts with designated beneficiaries, retirement assets, and so on. You may actively need to disinherit someone even if you do not have a Will.
For example, the laws of intestate succession in Florida provide a default plan for distribution of your assets even if you do not create a Will. Therefore, one of the easiest ways to “disinherit” someone is to create a basic Will and specifically state that an individual is not to receive an inheritance. Using this Will, you can make it clear that you do not want a specific person to inherit any of your property after your passing.
Why Might I Want to Disinherit Someone?
You might want to disinherit someone for various reasons. First, you might be concerned that the individual in question will waste their inheritance. Perhaps they have a history of poor spending habits. Maybe you’re worried that the inheritance will fuel an addiction to gambling or substances.
Other testators choose to disinherit people because of their misconduct. If someone has wronged you or your family in the past, you may not feel comfortable with them benefiting from your estate. Sometimes, a family member has already received substantial gifts during the lifetime of the estate planner and there is a desire to “even things out” after death.
Finally, there are instances where a loved on simply doesn’t need the inheritance and it would be better used for other family members.
How to Avoid Legal Challenges to Your Will After Disinheriting Someone
Although disinheriting someone might be a perfectly valid decision, it has a high chance of leading to a legal challenge after you’re gone. After the individual in question learns that they have been disinherited, they may choose to challenge the validity of your Will. They may do this because they deny the truth of what has happened, or they may hope to regain their inheritance despite understanding why you made your decision.
To avoid this outcome, consider telling the individual about your decision ahead of time. Write them a letter, sign it, and keep a copy for yourself. You might also want to have this conversation in person. Consider having a few witnesses with you while you have this conversation, as they can attest to the validity of your decision later.
Additionally, it can be beneficial to discuss and anticipate this challenge with your lawyer. There are several techniques that your estate planning attorney can employ to help your will stand up to a post-death challenge.
How Can a Palm Beach County Estate Planning Lawyer Help Me?
A Palm Beach County estate planning attorney can help by assessing your unique family circumstances during a consultation. Based on these circumstances, an estate planning lawyer could help you determine the most optimal way to remove a beneficiary from your Will or trust. Consider continuing this conversation with Kitroser Lewis & Mighdoll today.
Source:
floridabar.org/public/consumer/pamphlet026/
