Disinheriting a Son or Daughter: What You Should Know Before Making the Decision

Disinheriting an adult child is a sensitive and complex decision, often driven by strained relationships, financial inequalities, or personal values. While legally permissible, this choice requires careful thought and precise execution to avoid unintended consequences.

Here’s what you need to know if you’re considering disinheriting an adult son or daughter. If you need help with estate planning, contact Law Offices of Terrence Fantauzzi at (909) 552-1238.

Is It Legally Possible to Disinherit Your Adult Child?

Yes, you can legally disinherit an adult child, but there are key legal nuances to consider.

Adult Children Are Not Automatically Entitled to Inheritance

Unlike minor children, whom parents are often legally obligated to support, adult children do not have an automatic claim to your estate. This means you are not required to leave them any portion of your assets unless dictated otherwise by specific state laws or legal agreements.

Avoiding Claims of Accidental Disinheritance

To ensure your wishes are upheld, it’s crucial to clearly state your intention to disinherit the adult child in your will. Simply omitting their name could lead to claims of accidental disinheritance, which may result in legal challenges during probate.

Reasons Parents Choose to Disinherit

Disinheritance often stems from personal or financial circumstances.

Unequal Financial Needs

If one child is financially stable while another requires more support, parents may choose to allocate their estate accordingly, leaving the wealthier child out.

Substance Abuse or Legal Issues

Parents may disinherit children struggling with substance abuse or criminal behavior to prevent their inheritance from being misused.

Strained Relationships

A history of conflict, disrespect, or estrangement often motivates parents to leave an adult child out of their will.

Steps to Take When Disinheriting an Adult Child

Careful planning can help avoid disputes and ensure your intentions are respected.

Be Clear in Your Will

Explicitly state your intention to disinherit the adult child and include a brief, factual explanation. Avoid emotional language or assigning blame, as this can escalate family tensions and complicate probate proceedings.

Consider Alternatives

If you’re hesitant to disinherit completely, consider alternatives such as:

  • Conditional Inheritances: Providing an inheritance only if the child meets specific conditions, such as completing rehabilitation.
  • Trusts: Setting up a trust that controls how and when the child receives funds.

Consult an Estate Planning Attorney

An attorney can help draft a will or trust that minimizes the likelihood of disputes and ensures your wishes are legally enforceable.

Emotional and Family Dynamics to Consider

While disinheriting a child may seem like the right decision, it’s essential to weigh the potential impact on family relationships.

Sibling Rivalries and Resentments

Disinheriting one child can lead to friction among siblings, particularly if the disinherited child contests the will. This can strain family bonds long after your passing.

The Possibility of Reconciliation

If the decision is driven by a current conflict, consider whether reconciliation may be possible in the future. You can always amend your will if circumstances improve.

Think Carefully Before Making This Decision

Disinheriting an adult child is a serious decision with emotional, legal, and financial implications. While it can provide a sense of justice or control over your legacy, it’s crucial to approach the process thoughtfully and with professional guidance.

If you’re ready to explore your options or need help drafting a will, contact Law Offices of Terrence Fantauzzi today. Our experienced estate planning attorneys can help ensure your wishes are honored while minimizing the risk of legal challenges.

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