It may completely devastate you to exclude one of your children from the plans for your estate, but you may have good reason to. That is, this child may be completely estranged from you and the rest of your family, is actively struggling with a substance abuse issue, or has a known reputation for poor financial handling. No matter your exact justification, you should first follow along to find out whether you can legally disinherit one child from your estate plan and how a proficient New York City wills attorney at Zimmet Law Group, P.C., can help you prevent any major fallout from this arguably controversial decision.
Can I legally disinherit one child entirely from my estate plan?
According to New York estate law, you are legally authorized to disinherit any individual from your estate plan, including a biological or adopted child. However, while it may be uncomfortable to do so, you must directly address this intention within your Last Will and Testament document. Otherwise, the New York State Surrogate’s Court may have reason to question whether you simply forgot to include your child’s name in your directions.
This may ultimately be brought to their attention through your disinherited child, who may initiate estate litigation proceedings and challenge the legitimacy of the will on grounds of such an error. Or, they may claim that your other child created an undue influence or abused you financially to receive most or all of the inheritance. Perhaps, they may even argue that you lacked a strong mental capacity at your will signing.
How can I prevent my disinherited child from pursuing litigation?
Unfortunately, preventing an estate litigation claim is impossible, especially since you will not be around to defend your choices when these potential disputes arise. Nonetheless, during your lifetime, you may take active measures so that your disinherited child does not or cannot effectively declare objections upon getting this news.
For one, you may use a tool known as the no-contest clause (i.e., in terrorem clause). This clause enforces that if one of your beneficiaries challenges the legitimacy of your will in court, they forfeit anything they were left. This works if your child was not completely disinherited but only received a small fraction of your estate.
Otherwise, since an outright disinheritance may appear drastic on the surface, it is best to back your decision with supporting documentation. For instance, your medical records may demonstrate that you were of sound mental health when you created your will.
Or, making a video recording of yourself expressing your true intentions may cancel out any fraud allegations made against another one of your children. Acquiring a witness affidavit or attaching an explanatory letter to your will document, may have the same or similar effect.
In conclusion, we suggest you employ the services of a talented New York City estate planning attorney from Zimmet Law Group, P.C., if you want the best possible chances at a positive legal outcome. We look forward to serving you.
