For the most part, what you want to do with your assets when you pass away is up to you. If you want to disinherit a family member, it’s usually your right to. However, there are some state laws that you should be aware of before you make any decisions. A Woodland Hills will attorney from our firm can help you figure out if your actions are lawful or if they could end up creating legal headaches for your loved ones after you pass away.
How Can I Disinherit Someone?
If you do not want to leave anything behind for a particular family member or friend, you just need to state that in your will. If you already put a person in your will, you can go back in and edit it. This is why it can be a good idea to take a look at your estate plan and will after major life events, like a divorce, death, or birth.
Do I Have to Leave Something For My Spouse?
Yes, if you are married at the time of your death they have a right to a portion of your estate. You cannot disinherit them in your will unless you make it clear that they will be claiming their rightful piece of your estate in another way. You could:
- Leave them the house and property through a trusts
- Make them the beneficiary of a life insurance policy
- Have assets like retirement accounts pass to them upon your death
If you leave behind absolutely nothing for your spouse, there’s going to be a legal fight.
Can the Person I Disinherit Fight the Will?
They can try to. If they do not have a legal right to your assets, like a spouse or minor child would, they may face an uphill battle. If you want to minimize the chance of this happening, specificity can help.
Here’s what we mean by that. If you have a will and decide to disinherit one of your four children, just taking him out of your will seems like the way to go. However, if they are not named in the will at all, they may be able to convincingly argue that you just forgot or made a mistake. If you split your assets three ways among your other children, the court could decide that your disinherited child also deserves a piece of your estate and everything could be split four ways instead.
You should be clear that you are not leaving any assets for someone or you could leave them a small gift. This makes your intent more clear and harder to debate.
Contact Our Estate Planning Lawyers
If you have questions about estate planning and what you can do with your assets when you pass away, contact the Law Offices of Yacoba Ann Feldman. Every estate is different, but we’re ready to help you make a plan that works for you, your loved ones, and your assets.
