By Lane V. Erickson, Attorney
The law doesn’t do this for you automatically. Rather, the presumption under many different laws is that you want your assets and property to be distributed to you immediate family members such as your spouse and children. However, the law does allow you to disinherit a specific person when you use certain language in your Last Will and Testament. Here are 3 things you should know about disinheriting family members.
Can I Disinherit a Child?
In nearly every state a child can be completely disinherited. The problem is that most state’s laws don’t like this. For this reason, in order to validly disinherit a child a person’s Last Will and Testament must state specifically that the child is disinherited and receives nothing. A child will be presumed to receive some distribution when your Last Will and Testament simply fails to name or mention a child at all.
Can I Disinherit a Spouse?
It is presumed by the law that most people want to pass property to their spouse when they die. Almost all states have laws that prevent a person from otherwise disinheriting the surviving spouse. For this reason, it is typically not possible to completely disinherit your spouse. However, there are some exceptions. If your spouse agrees to be disinherited in a legal agreement such as a prenuptial agreement or a property separation agreement then disinheritance of a spouse is possible. These laws give the surviving spouse the right to choose what they receive upon their spouse’s death.
If there is no agreement from a spouse to be disinherited and a Last Will and Testament leaves nothing to a surviving spouse, the state’s law will usually allow the spouse to still inherit certain property.
Can a Disinherited Person Challenge My Will?
The short answer is yes. Often times a disinherited person will challenge a Last Will and Testament that acts to exclude them from distributions. This is especially true when a disinheritance is a surprise. It is possible that it will cost the estate money and time to defend against the claim, regardless of whether the claim wins or loses. For this reason, it would be wise for a person to really consider a complete disinheritance of a family member.
If you have any questions about the process of disinheriting a family member please contact us so we can answer your questions. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
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