Blog Post

Disinheriting People From Your Will: What You Need to Know

  • By Admin
  • •
  • 08 Dec, 2017
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Estate planning is an important part of life for everyone. It is crucial that you have your financial house in order before you pass away so that everything is handled as per your wishes. One major thing to consider is who will receive an inheritance upon your death. When making your will, you can include those to whom you wish to leave money or property.

Estate planning is an important part of life for everyone. It is crucial that you have your financial house in order before you pass away so that everything is handled as per your wishes. One major thing to consider is who will receive an inheritance upon your death. When making your will, you can include those to whom you wish to leave money or property.
For one reason or another, you may decide that you wish to disinherit someone you have included in your will. That is your right, no matter what anyone else may think. There are several things to keep in mind when you intend to disinherit someone from your will.

Why You May Want to Disinherit Someone From Your Will

There are a number of reasons why you may want to disinherit someone from your estate. It can be a very slippery slope to do with regard to family members, but it is not unheard of. Some reasons to disinherit can be based on emotions you may have for someone. They can also be based on business decisions.
Some of the most common reasons to disinherit someone can include being estranged from a family member. You may also want to protect the rights of your children over your step kids. If you give money or assets to family members while they are alive, you may then want to disinherit them from the will so that there is still something there for other beneficiaries.
You can disinherit someone for any number of reasons, but you will have to go through the proper legal channels so that it will be carried out how you want.

What You Need to Consider When Disinheriting

There are many considerations when it comes to disinheriting people from your estate, particularly when it comes to family members. Disinheriting immediate family, in particular, will come with additional steps in order to finalize your will.
Disinheriting a spouse or your child is not as easy as making a simple change to a document. In most states, there are several requirements you must meet to fully disinherit an immediate family member.
For instance, you will need to provide a clear explanation as to why you intentionally want to leave a particular person out of your will. You will need to cite evidence that you have left assets that you did not include in your will.
If your spouse decides to waive his or her rights to an inheritance left by you, proof of an enforceable agreement to this will need to be provided. A perfect example of this would be a pre-nuptial agreement.

How You Can Most Easily Disinherit Your Spouse

Although in most states, you cannot legally disinherit your spouse without jumping through a number of legal hoops, there is one option that is fairly easy and will not cost a lot of money. This also works with other family members.
In your will, you can leave a small amount of money or property to your spouse or any other relative you intend to disinherit. When you do this, include a no-contest clause in your will. This will keep anyone from possibly challenging your estate, allowing for your specific wishes to be carried out as you want.
Disinheriting anyone from your will can be a very hard thing to deal with. It is crucial that you deal with this in a smart, legal way so that there is absolutely no confusion after your death. You may even want to let those you intend to disinherit about your decision so that they have time to adjust to the idea rather than being surprised. If you need assistance with your estate planning, please contact Steve C. Benton, Attorney at Law. 

Two Types of People Who May Benefit From a Living Trust

By Admin • 10 Oct, 2017
If you are beginning to engage in estate planning, or are just looking to make adjustments to the plan that you already have in place, you may want to consider establishing a revocable living trust. This is very different than just creating a will.
Although both will eventually get the contents of your estate to your beneficiaries, a living trust offers you additional benefits while you are living. A living trust is not for everyone, but you may want to consider it if you fit into one of these two categories.

Living Trusts in California: Frequently Asked Questions

By Admin • 08 Aug, 2017
When you hear the words "estate planning," you may assume this is only an issue you need to face if you're older, or that it is a problem reserved for the wealthy. However, no matter your age or how much money you have in the bank, it is important to protect your assets and loved ones from unnecessary heartaches, squabbles and costs after you're gone.

One of the best options for many people is a living trust. You may be familiar with the idea of a trust or will but not sure what exactly a living trust is and if it is the best option for you and your family. Here are a few frequently asked questions you might have about living trusts.

Protect Your Family By Securing Your Assets - Avoiding Mistakes In Estate Planning

By Admin • 23 Jun, 2017

Facing your own mortality can be a difficult challenge for anyone. It may not be particularly pleasant to imagine the world after you've left it, but if you've spent your life working hard to build a strong financial base, it's important that it can be passed on to your loved ones with minimal restrictions and interference.

Unfortunately, there are some common traps that many people fall into when planning their estates. In some cases, those traps may not even reveal themselves until the estate is executed, by which time it's far too late to fix the problem. The best way to minimize those concerns is to take the time to learn about common traps and ways you can avoid them.

Below, you'll find a guide to common estate planning mistakes that you should keep in mind when working with your attorney. Solid estate planning will be a massive relief to your family and interests after you've passed on and will allow you to leave a legacy that you can be truly proud of.

5 Essentials You Need to Understand About Estate Taxes

By Admin • 10 Apr, 2017
Worried about estate taxes? Want to protect your estate from taxation after your death? Then, proper estate planning  is critical. First, however, you may want to understand a few basics about estate taxes. Here's what you need to consider.

The Importance of Estate Planning

By Admin • 10 Feb, 2017
Too many people neglect estate planning, so that when the time comes, children and family members must face the unpleasant task of determining who will get all of the things you spent your life accumulating. Many people assume that estate planning is only for the wealthy, but the truth is that even if your home isn’t expensive and you don’t have large investments, there are good reasons to consider making plans for your future.
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