Disinherited children and your will

On Behalf of | Jan 19, 2021 | Heirs & Beneficiaries, Inheritances |

Minnesota state law allows you to disinherit your children from your will. The idea to disinherit children from your will should be made from your own will with no duress. Additionally, there should be a factual reason to disinherit children. Nevertheless, disinherited children can fight to seek recovery as rightful heirs and beneficiaries if a person’s estate plan is not well-conceived.

How to disinherit children from your will

Most parents want their children to become the heirs and beneficiaries of their estates. However, some factors make this decision hard. Disrespect, adultery and abandoning children are among the reasons that parent disinherit their children.

When disinheriting a child, there are possibilities that they will hire legal counsel for their own. Thus, to avoid making errors, you’ll want to hire an attorney to draft your will. Additionally, leave evidence that supports the reason for disinheritance. Most often, the disinherited child challenges the decision in court, so the executor needs to identify the evidence that explains your decision. Discussing the decision with a friend or clergy member can help explain your motive.

Further considerations

Once you disinherit the child, you may want to avoid telling them since they may lash out. Additionally, they may pressure you for years to put them back on the will. You might not want them to know about it until you are deceased.

Some parents also consider a modest bequest with a “no-contest clause.” Thus, if a disinherited child is unsuccessful in their disinheritance claim, they are automatically disinherited. Sometimes, this strategy fails since the child might be emotionally affected by the disinheritance.

Some children fight disinheritance but fail to gather the required evidence. If you wish to disinherit an heir with a robust will that withstands challenge, you may want to consult an attorney for further guidance.