Family relationships are some of the most complicated out there. Unfortunately, many things can drive a wedge between parents and their children, and sometimes, these riffs are irreparable. As such, you may decide you want to disinherit your child by removing them from your will. However, the following blog explains what factors can lead to this decision and why you need Pennsylvania estate planning attorneys if you want to modify your estate plan.
Why might one choose to disinherit their child?
There are many reasons a parent may want to remove their child from their will. Whether they are completely estranged or have addiction issues, this is a common concern for parents.
One reason many parents disinherit their children is that they have special needs, and receiving an inheritance will disqualify them from government assistance programs. It is important to note that you do not need to completely cut them off to protect them. You can choose to establish a special needs trust, which can help supplement your child’s lifestyle without making them ineligible for other programs.
Another reason you may not want to include your child is that they suffer from addiction, and you worry that leaving them an inheritance will only enable them. Just like a special needs trust, you may be able to create a trust with some funds in case your child needs them later in the future.
I’ve made my decision. How do I remove my child from my will?
If you have made the decision to remove a child from your will, whether to completely disinherit them or because you have found an alternative method to help support them, knowing how to proceed is crucial.
When you make this decision, you’ll want to give the disinherited child as little information as possible, as they may be able to use this as leverage. You should mention the child in your estate plan and explicitly state that you are not leaving them anything. It’s also essential to note whether or not you want to disinherit this child’s children.
Unfortunately, many decide to gift their child a symbolic $1. However, by leaving them something, the child has certain rights as a beneficiary. Because they have these rights they can impede the administration process, making it difficult for your other beneficiaries to receive their inheritances.
Whether you want to completely disinherit your child or you want to leave a trust for them instead, it’s in your best interest to enlist the assistance of an experienced attorney. Unfortunately, navigating the complexities of estate planning on your own may leave your assets vulnerable. As such, it’s in your best interest to connect with a dedicated lawyer from Friedman Schuman. Our legal team will work to help represent your goals. Contact us today to learn how we can assist you through these challenging times.
