The Why and How to Disinherit a Child

The saying goes we choose our friends not our family. I have had clients who specifically wanted to disinherit one of their adult children. Why even consider such a drastic measure? The reasons why a child is disinherited are unique. Reasons for cutting out a child can range from hate, abandonment, and addictions. Other reasons for disinheritance are to provide for the child that needs it the most or deserve it the most.

The disinheritance of a child is not to be taken lightly because it can be an intensely emotional step on both sides. Parents who make a will disinheriting a child may feel guilty about it for the rest of their lives. A child who does not find out about being disinherited until after the parent's death may be devastated to learn of the parent's rejection.

Attorneys we spoke to encourage family members to reconcile their differences or explain their rationale of intentionally leaving and adult child out of their estate plan. This way the child that receives nothing will know the reason why. Too often the disinheritance can cause problems between siblings for years to come.

In some states the law presumes you would want your child to inherit from your estate, so to overcome that presumption, your will must show you did not unintentionally overlook your child and were not operating under a mistake when you omitted your child from your will. For this reason, to effectively disinherit a child, you must specifically mention the child in your will and use language to indicate you have intentionally failed to make any provision for that child. If you fail to mention your child in your will, the state may award the child his intestate share of your estate as if you died without a will.

To the extent an heir can be disinherited under state laws, sample disinheritance language for a will is: I have intentionally failed to provide for my daughter, Jane. Be sure to mention each of your children by name in your will, even if you include language to disinherit one of them. Only a lawyer licensed in your state can advise on the language necessary to make your will or trust provisions enforceable. A common misconception is that the legal way to disinherit someone is to leave the sum of one dollar or some other nominal amount to the heir in your will. Leaving your child one dollar does not prevent him from contesting a will. Whatever language you include in your will, you cannot prevent an heir from filing a lawsuit against your estate. Any person who has standing and states a claim can contest a will.

If you are concerned that your other heirs will contest your will to try to take property you want to pass to a specific child, consider using a no-contest clause in your will and other estate planning documents. The enforcement of no-contest clauses varies by state, so consult your estate planning attorney.

In addition when planning your estate, you may want to ensure that a particular child inherits a specific piece of property or a specified amount of money and that such inheritance does not pass to any other heir. The following are some of the most effective estate planning methods to ensure a specific individual will inherit specific property or funds after the owner’s death while still giving the owner complete control over such assets during his or her lifetime:

  1. Name your adult child as the pay on death or transfer on death beneficiary on a certificate of deposit or a savings, money market or brokerage account.
  2. Name your adult child as the beneficiary of a life insurance policy.
  3. Name your adult child as the beneficiary of an IRA, 401k, annuity or other retirement account.
  4. Execute a transfer on death deed to real estate and name your adult child as the beneficiary.
  5. As always, putting the assets in trust can eliminate a lot of understandings. Trusts can be a way to support family dynamics.
Some may say that disinheriting a child is unnatural or even immoral. It is advisable not to judge, however, because looking at a family situation from the outside in does not always reveal the true picture. Even if everyone involved agrees that the disinheritance of a child is unfair, the parent has the right to dispose of his or her property in any legal manner in which he or she sees fit.
CRN 201205-2067405

Contact Us

Goldhirsh & Goldhirsh

18400 Von Karman Ave.
Suite 400
Irvine, CA 92612
ph: 949.474.6833
fax: 949.474.6831
Karen.Goldhirsh@LFG.com

Sign up for our Newsletter

Please let us know how we can serve you.




Updated News

Financial & Economic Brief - June 10th, 2014

• U.S. Stocks Fluctuate - After the S&P 500 hit record levels last week, U.S. stocks are fluctuating today.

• China to Refocus on Reforms - The International Monetary Fund (IMF) is recommending to China that it adopt a growth target of about 7% for 2015.

• Some Jobs Slow to Return - In May, the U.S economy reached a milestone, finally recovering all 8.7 million jobs lost in the recession.

Financial & Economic Brief - June 25th, 2014

• Oil Prices Rise - This past weekend militants from the Islamic State in Iraq and Syria (ISIS) continued their drive toward Bagdad, taking over numerous cities.

• Oracle to Buy MICROS Systems - Despite disappointing fourth-quarter results, Oracle, the multinational high tech company, will acquire MICROS Systems for $5.3 billion.

• Survey Shows Economic Expansion - A survey of U.S. manufacturers conducted by Markit shows that the U.S. manufacturing sector expanded in June at its fastest rate in four years.

Financial & Economic Brief - June 3rd, 2014

• Municipal Bond Use Decreases - >Despite low interest rates, U.S. cities and states are reluctant to borrow money, and bond sales are 25.4 % lower than they were last yea

• Detroit Three Boost Sales - The number of U.S. autos sold, to be released in a report on June 3, are expected to show that Americans are buying more American cars.

• Main Street Still Recovering - Although what is called the Great Recession technically ended in June 2009, the majority of Americans still rate the economy as “poor.”

Financial & Economic Brief - June 17th, 2014

• Oil Prices Rising - The price of a barrel of crude has risen to $107, the highest it’s been since September 13.

• Partner Names Revealed in Alibaba’s IPO Document - Alibaba Group, the giant Chinese e-commerce company, disclosed the names of 27 employees running the company in its recently released amended initial public offering prospectus.

• India Hit by Five-Month Inflation High - Though a top priority of India’s new prime minister, Narendra Modi, is to control inflation, it has risen to a five-month high.