When planning out an estate, most people have a good idea as to who they plan to will an inheritance to. Having all of this information spelled out in your will can help prevent any issues once you pass away. However, there are sometimes when a person wants to change a will to disinherit someone. You are allowed to do this at any point, but it can be a bit difficult in certain familial situations, particularly your immediate relatives. The following are some things to keep in mind when you want to disinherit family in your will:
Disinheriting Close Family Members
After you have made out your will and listed your beneficiaries, you may decide to make some changes. People do this for a number of reasons, whether there was a falling out within the family, drug abuse, or if someone is just financially irresponsible. When you want to remove someone who is not a close relative, you simply need to remove his or her name from the will. For close family, the process can be somewhat different.
Disinheriting a child or a spouse involves more than just removing a name from the will. In many states, you have to satisfy some requirements to fully disinherit a relative.
The first requirement is providing a very solid reason as to why you wish to remove a relative from your will. Evidence explaining why you wish to do so is useful and may or may not be required, depending on the state you live in. Evidence can be criminal records, arrest records and the like.
Disinheriting Your Spouse
You may also want to disinherit a spouse. I most states, you cannot legally do so without serious legal costs. If your spouse decides to waive his or her rights to an inheritance from your estate, a piece of evidence showing an enforceable agreement is required, such as a prenuptial agreement.
To avoid jumping through too many legal hoops, there is one way to disinherit a spouse in a way that will ultimately save you money. You will need to leave a small amount of money or property to your spouse that you wish to remove from your will. In your will, have your probate lawyer include a no contest clause. This will prevent any challenge to your estate, thus leaving the bulk of your estate to the person, people, or charity of your choice. This is not a true disinheritance, but it will accomplish your goal.