There is a common misconception that once you create a will, the terms and conditions are set in stone. However, this is far from the truth. In reality, you’ll find that you can make changes to your estate plan as you see fit. One change you may not anticipate making is removing someone from your will. However, if you’ve decided to disinherit someone, understanding how to do so is critical. The following blog explores what you must know about these complicated matters and why it’s in your best interest to connect with Tampa estate planning lawyers to discuss your legal options and ensure your wishes are honored.
Why Might I Need to Disinherit Someone?
There are several reasons you may want to remove someone from your will. Typically, this is the result of estrangement or a falling out. For example, if you no longer speak to a sibling, you may want to remove the share of your estate you planned to leave them.
However, arguments are not the only reason you may want to disinherit someone. If you have a beneficiary who struggles with addiction or gambling, leaving them a large sum of money may only serve to further enable their issues. As such, you may want to remove them from your will. Similarly, if one of your beneficiaries no longer needs financial support and their portion can be allocated to another, you may want to make this change. For example, if you have two children and one wins the lottery, you may want to write them out of the will to provide more assistance for their sibling.
What Should I Do if I Want to Write Someone Out of My Will?
It’s important to note that generally, you cannot disinherit your spouse or minor children.
Many assume that the best way to disinherit someone is to leave a symbolic $1 to the individual. However, this can create significant trouble. When you pass away, anyone who receives an asset in your will has the right to challenge the terms and conditions of your will. As such, someone who only receives a dollar can petition the court that there was an error and that they should receive a larger portion.
If you wish to disinherit someone, you should identify the individual and explicitly state that you are intentionally leaving no assets to them. Though you may want to provide an explanation as to why, this can also be challenged in court. If the individual can prove that this is incorrect, they could receive a portion of your estate.
Deciding to write someone out of your will is not something you should take lightly. Additionally, it’s in your best interest to enlist the assistance of an experienced attorney who can help ensure that this process is done correctly. At the Tampa Law Group, we understand how complicated these matters can be, which is why we will take the necessary steps to assist you through this process. Connect with us today to learn how we can help you achieve peace of mind.
