Law offices of Gerald L. Kane | A Life Care Planning & Elder Law Firm

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Helping You Protect Your Loved Ones And Your Legacy

Can I Exclude Someone From Being An Heir to My Estate?

I want to disinherit a family member.  Will that be easy to do?

Many states have varying laws concerning spouses and children, so check with me to see specifically what is possible for these relationships you may want to exclude from your will.

Ex-spouses have no claim to your assets IF your assets were split at the time of divorce and there are no court-ordered, ongoing claims.  For example, if at the time of your divorce your ex-spouse was given a portion of your retirement benefit, then, you can’t negate that with a disinheritance clause in your current Will.

Don’t assume, though, that just because you don’t mention a possible heir in your Will that it precludes them from getting a share of your assets.  It can be, though, after a costly legal battle – especially if it is a child or current spouse.

You have to specifically exclude those you do not want to inherit anythng from your estate.  Mentioning why is always helpful.

Mr. and Mrs. Bonner (ficticious name) have one child who is a very wealthy entrepreneur and another child who has special needs and will always require professional care and assistance.  It is reasonable that you may want one child to inherit more than your other child who may be indpendently wealthy on their own.

Again, call me to discuss your particular situation.

We reserve 10 appointments each month for Free Estate Planning Sessions where we will take up to two hours to assess exactly where you are in your situation and what you need to do to have a solid plan in place.

Click here to book your own appointment OR call us, 818.905.6088, to see if you can qualify for a no-cost session with me as soon as possible!