How Can I Control Who Inherits My Estate?- The title of this article from Moneywise says it all: “My sister died without a will—and her horrible, abusive children got all her money. Could a strong estate plan have bypassed them?” An estate plan created by an experienced estate planning attorney would have made it difficult, if not impossible, for her children to access her estate.
Intestacy laws determine who inherits assets when there is no will or estate plan. Each state has its own laws, but the first claim goes to a current spouse, while children receive the estate if there is no spouse. If the children are from a prior marriage, they may end up disinherited.
That said, estranged or disinherited children may still fight back. Estate litigation is expensive and stressful, and depending on the resources available, some people will go to court to claim assets. However, a strong estate plan may deter those actions.
In most cases, if a mother dies with several million dollars and no estate plan, her children will inherit her estate if they are the closest living relatives. The article asks what you can do to cut the children or other relatives out. Here are just a few suggestions:
The last will and testament is key. It must comply with state laws and clearly state the wish to disinherit the children. While a will is a good tool for ensuring assets go to other beneficiaries instead of estranged children, it should include disinheritance language to strengthen and clarify that intent.
How Can I Control Who Inherits My Estate?
A comprehensive estate plan needs more than a will. Another powerful way to leave estate assets to beneficiaries is a trust, which is not just for rich people. Assets are placed within the trust, which can own everything from a home to investment accounts and more. A trustee manages the trust, with instructions specifying who receives the assets and when.
Controlling how assets are distributed depends on having written, legally documented instructions.
The exception to this is if the children are minors. By law, parents must provide for their support, and this includes their estate plans.
Everyone should make an estate plan before it’s too late, while a person still has capacity to make decisions. "Being of sound mind” is not just a phrase heard in movies. People challenging an estate say the person often lacked capacity or was being influenced by someone else.
Estate planning attorneys see this happen all the time. Family estrangement doesn’t resolve when people die; it usually gets worse. A clear, properly executed estate plan is needed to be sure wishes are honored, especially when the wish is to disinherit family members.
Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III
How Can I Control Who Inherits My Estate?
Reference: Moneywise (September 14, 2026) “My sister died without a will—and her horrible, abusive children got all her money. Could a strong estate plan have bypassed them?”
Legal problems are extremely stressful, especially when your family, your health, or your freedom are at stake. At this point in time, you may not even be sure what kinds of questions you need to ask a lawyer, but that’s entirely normal. Whether your situation involves family law, estate planning, elder law, a criminal charge, or a personal injury, we will start by giving you all the information you need.
The way we see it, you deserve to get this information directly from an expert. That’s why we make it easy for you to get in touch with your lawyer, and we never ask you to sit down with a paralegal or assistant instead.
As our relationship continues, we will keep you updated about the status of your case every step of the way. Your lawyer will reach out regularly to tell you about any new developments, and he will also be happy to answer any questions you have throughout the process.
