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Disinheriting a Child
Sometimes a person might want to disinherit their child in their will. This might be due to a falling out, or it could simply be that the child has been very successful and the parent would rather allocate their property to less well-off children.
Generally, it is not a problem to disinherit a child in your will. However, you need to do so clearly. The reason for this is that most states have laws that prevent a child from being accidentally disinherited. As a result, if your will simply does not mention your child, the law assumes that you simply made a mistake. Examples of ways to disinherit a child are to state that “I leave nothing to my son John,” or “I leave my daughter Alice $1 and nothing more.”
One exception to this is if your child is a minor at the time of your death. Some states give inheritance rights to minors, while other states have laws that require that the child be taken care of until he or she reaches the age of majority, which is usually 18.
If you have any questions about wills or disinheritance, you should consult with an estate planning lawyer. An experienced attorney can let you know what the laws are in your state, and advise you of your options.
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