Before You Disinherit a Family Member, Talk to Your Estate Planning Attorney- Your family may not face the drama of Prince Andrew losing royal titles and being evicted from his residence. However, many families must disinherit a family member. This requires guidance from an estate planning attorney to avoid litigation. A recent Family Advisor article, “How to Legally Disinherit Family Members,” offers useful insights.
In most states, a parent or testator (the person creating a will) has full legal power to disinherit an adult child. However, the intent must be made clear and unambiguous in the will or trust instrument. This power extends to non-children, making it valuable for business owners, entrepreneurs and high-net-worth individuals.
The critical thing most people miss is just stating you want to disinherit someone in a will is not enough. The will must do several things: identify the excluded person and clearly state that the exclusion is intentional. This requirement is because courts will assume that any family member left out of a will was accidentally omitted rather than deliberately excluded.
Before You Disinherit a Family Member, Talk to Your Estate Planning Attorney
Most states have strong protections for children who are excluded from a will, including those born or adopted after the will was created. If the person didn’t have living children when the will was signed, any child born or adopted afterward may be entitled to a statutory share reflecting what they might have received if the parent died without a will or estate plan, unless the will leaves all or substantially all of the estate to the child’s parent. A surviving parent takes precedence.
This creates challenges for business owners who start families later in life or have blended families. If the person had living children and made bequests to them, the omitted child may receive a proportional share relative to the shares of the living children.
Most states don’t allow a surviving spouse to be completely disinherited. Whatever the will may say, the spouse can elect to receive a “statutory forced share.” If the decedent leaves children or grandchildren, the spouse is typically guaranteed a minimum amount and a life interest in part of the remaining estate. The exact percentages and amounts vary by state. However, surviving spouses have protected rights and cannot be disinherited.
Those who live in community property states face a different set of laws. Each spouse owns 50% of all property acquired during the marriage, regardless of whose name is on the titles. Assets acquired outside of the marriage and the decedent’s half of the community property are the only assets to be disinherited.
If you wish to disinherit someone, your will must state it clearly. Any ambiguity opens the door to litigation. All beneficiary designations also need to be reviewed and updated to be sure that your wishes are followed.
These built-in protections for spouses and children need to be discussed with an estate planning attorney. This is where many do-it-yourself online wills fail. An experienced estate planning attorney should be consulted if disinheritance is part of your estate plan.
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Before You Disinherit a Family Member, Talk to Your Estate Planning Attorney
Reference: Financial Advisor (Dec. 5, 2025) “How to Legally Disinherit Family Members”
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