Is it Possible to Disinherit Your Child?
People put off estate planning for many reasons. One of these is that it forces them to ask questions that are rather uncomfortable. One of these is whether it is possible for a parent to completely disinherit their child. Parents do not always want to disinherit their child because they are estranged. Sometimes, it is because they are concerned about how the assets would be used, or because they want to leave the entire estate to someone else, such as their spouse.
So, if you are creating your estate plan and wish to leave your child out of it, is that possible? Our New Port Richey wills lawyer explains below.
It is Possible to Disinherit Your Child
Under Florida law, parents are not required to leave assets to their adult children. While the law does provide certain protections for spouses and minor children, adult children do not have the same automatic right to inherit any property from their parent’s estate. If a parent intentionally and clearly excludes a child from their will, the courts will usually honor those wishes. However, the word ‘intentionally’ is very important in these cases.
When May a Child Still Have a Right to a Share of an Estate?
In Florida, children who were not included in their parent’s will may have certain protections. These protections apply to minor children or children who were adopted or born after the will was drafted. If a parent does not change their will after legally welcoming a new child into the family, that child may have the right to file a claim for the share of the estate they would have otherwise received if their parent had not written a will at all. These are known as ‘pretermitted child’ claims.
Like most laws, there are two exceptions that can still leave a child disinherited. The first exception is when the will is very clear that the testator fully intended to omit their child from the document. The second exception applies when a parent had other children at the time they drafted their will and left most of their assets to the other parent of the child that was omitted and that parent survived the decedent.
It is for this reason that simply not naming a child in the will is not the same as intentionally disinheriting them. The difference between deliberately excluding a child and accidentally omitting them can determine whether you or your child can file a successful challenge against the estate.
Our Wills Lawyer in New Port Richey Can Help
Questions about disinheriting someone in your estate plan are deeply personal and they can have significant legal implications. At Messina Law Group, P.A., our New Port Richey will lawyer can advise on the language to include in your plan and ensure that it clearly reflects your wishes so they are respected. Call us now at (813) 492-7798 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
