While you can easily disinherit
a nonheir by not mentioning
him or her in your will,
the rules are more complicated
when it comes to your
heirs. Merely not mentioning
the name of a child or
spouse in your will might not
disinherit him or her, and
doing so can even open the door for a will
contest. In a will contest, the heir who is left
out could argue that he or she was mistakenly
overlooked. The outcome of a will contest
depends in part upon your state’s law regarding
an omitted (referred to as “pretermitted”)
spouse or child.
To be sure that your intent to disinherit an heir
is unequivocal, you should consider including
a disinheritance clause in your will. Such a
clause can discourage the disinherited heir
from contesting your will. This clause would
indicate the exact name of the heir you wish
to disinherit, and explicitly state that the reason
he or she is not included is because you
wish to disinherit him or her.
Be aware that in most states, you cannot disinherit
your spouse completely. If you live in a
community property state, your spouse automatically
owns one-half of the community
property, which generally includes property
that either of you acquired during your marriage.
In all states, spouses are protected
from disinheritance because they’re allowed to
claim a statutory share (also known as
“electing against the will”). A statutory share
can run anywhere from one-quarter to onehalf
of an estate, regardless of the terms of
your will.
Also be aware that, while you have the right to
disinherit a child, that right is restricted by
laws that grant certain inheritance rights to
minors, and protect children of any age from
accidental disinheritance.
You should consult an experienced estate
planning attorney if you’re considering
disinheriting an heir.
Contact us for a complimentary consultation www.LDLowePlan.com or 972-335-2523.
