How To Disinherit Someone From Your Will
Families who do not get along are common. Bad family dynamics should be considered when it comes time to do your estate planning, including your will or trust. Fractured relationships may cause you to disinherit that person, as unpleasant as it may be.
Additionally, divorce, blended families, or addiction tend to change family relationships faster than anything. Take a look at these relationships before finalizing your will or trust.
If disinheriting someone is in your plans, be sure to get the help of an experienced estate planning attorney familiar with the law in your state. Do not try to disinherit someone yourself. If you do, the person you want to cut out of your estate plan can successfully appeal your action in court after your death.
Here are a few tools that can be used to be sure that those who should get your assets, actually get your assets.
If you want to disinherit someone from your will, and you want to be sure that the disinheritance will stand after you’re gone, consider a trust. Only the beneficiaries of a trust can challenge its provisions.
A will is not a private document, it’s a public document. Anyone can find out who you disinherited, so the person you left out of your will may be embarrassed, want to enact revenge, and challenge your decision. All the more reason to have a trust.
A no-contest clause is part of a will that says if someone contests your will, they get nothing at all. Beware: if you do not leave the person anything at all, then they have nothing to lose so this no-contest clause doesn’t affect them. They may challenge your will. So, leave them something that would be painful to lose.
Some of your assets will be distributed upon your death according to the beneficiaries that you name. These assets may be life insurance policies, a 401k, or an IRA. This is simple. If you do not want someone to receive your assets, be sure they are not a beneficiary of your assets.
The decision to disinherit someone from your will can have long-lasting consequences for the family and friends you leave behind. Take the time to weigh your options carefully before making that final decision.
If you want to disinherit someone, Oklahoma has a specific way in which to legally disinherit a person or child. It is best to consult with an experienced estate planning attorney before disinheriting a person from your estate. Read more about this here.
Kevin Miller is experienced and ready to advise you on trusts, wills, and estate planning. His knowledge of all tools available to craft a secure legacy for your assets will help you navigate the emotions involved with estate planning. It is important that you plan ahead and make the legal arrangements necessary to be sure that your assets are distributed according to your wishes. Kevin Miller has extensive experience in estate planning and will put your interests first. Contact us or call us at 405-443-5100 if you have questions. We are here to help.