If you are reading this blog by our Orange County will lawyers, you might be considering disinheriting someone. We know that this is sometimes a very tough choice, but if you are ready to move forward, here’s what you should know about cutting someone off from inheriting from you.
Disinheriting Your Child
If your will is very straight-forward and clear, it is usually possible for a child to be disinherited. However, you should be aware that if you choose to do this, that child could challenge or contest the will. Again, if you have a solid will in place, your estate will most likely prevail. However, fighting such a lawsuit can be costly for the estate which means there will be less money available for your intended heirs.
Disinheriting Your Spouse
Most of the time, it is impossible to disinherit a spouse. There are certain contracts that allow for a disinheritance such as a prenuptial or postnuptial agreement. These legal documents are valid since the spouse agreed to the arrangement in advance when they signed the document. Without a prenuptial or postnuptial agreement in place, the state’s elective share statute law typically protects the surviving spouse from being either intentionally or unintentionally disinherited.
Disinheriting a child or a spouse is very tricky and must be done correctly to ensure that you get the result you are seeking. It is critical to discuss your situation in advance with a qualified estate planning attorney before making any changes to your current estate plan. If you would like to learn more about this, call our Orange County will lawyers at (949) 260-1400 and make an appointment and we’ll discuss the best options for your situation.