Are you thinking about disinheriting a child?
October 16, 2019
As you sit down to plan your estate by creating a will and/or trust and filling out all other necessary documents, you may stumble when you think about your estranged daughter or son. You both live in Michigan, and you have tried to have a relationship with your adult child, but she or he seems dead-set against communicating with you. It may not make much sense to leave an inheritance for someone who does not respect (or seem to like) you.
To help protect your estate and leave out an estranged child from your will, look to Forbes. Disinheriting a child is a hard decision to make, but it may be the only one that rings true to you.
Create a living trust
To keep an estranged child from challenging your will when you pass, create a living trust. With a living trust, only named beneficiaries can push back against the legal document. Also, trusts are often created well before wills, which can keep your estranged child from claiming that you were not in the right state of mind when you excluded him or her.
Consider partial disinheritance
If you cannot help but leave an estranged child at least a small inheritance, you can partially disinherit him or her. Do so by noting how much or what you want to leave your child along with a “no contest” clause. While your son or daughter can still contest your desires, doing so voids any inheritance she or he may receive, leaving your child with absolutely nothing.
Do not name the estranged child as a beneficiary
You can make things quick and easy by simply not naming an adult child as a beneficiary in your will or trust.
This information is only intended to educate and should not be interpreted as legal advice.