For the most part, you can decide to disinherit whoever you want to. If you no longer want to leave something behind for a family member or friend, you can do that. A Washtenaw County wills attorney can tell you more about how you can take someone out of your estate plan and how to avoid legal headaches while doing so.
How Do You Disinherit a Beneficiary?
If you want to disinherit someone, you just need to make sure that your will and estate plan are updated. Make it clear that you are leaving nothing behind for somebody and be sure that your documents are all legally binding. This is why it can be a good idea to revisit your estate plan and make any necessary changes after major life events, like divorces, deaths, or births.
Can I Disinherit Anyone I Want To?
You can disinherit most people, including close family members like adult children. There are notable exceptions to your power though. You cannot disinherit a spouse, for example. They received specific rights when they married you and they share in your property. Leave them out of your estate plan and they can still try to claim a portion of your assets.
Minor children also have some protections against disinheritance in Michigan. A child is entitled to support from their parents. This is true even once a parent passes away. If you do not leave anything behind for a minor child, a legal challenge is likely.
Can I Leave Someone Property Outside of My Will?
Your will also doesn’t need to be the only way to leave behind assets. You can make loved ones beneficiaries of life insurance policies, annuities, and accounts like IRAs. Some accounts make it easy to name a beneficiary and they can transfer assets to that beneficiary as soon as you pass away.
Can a Person I Disinherit Challenge My Will Later?
Someone can challenge your will, but whether or not they will be successful is another matter. Being specific in your will can help you here.
If you leave an adult child out of your will completely, they might be able to argue that you forgot to include them or that you made a mistake. If you leave their name in your will and make it clear that you are leaving nothing for them, that can reduce the chances that they can successfully challenge it. You can also leave them something small to make it clear that you did this intentionally. A lawyer can advise you on the best path forward.
Talk to an Attorney
If you need an estate plan or you want to edit your will, contact Collis, Griffor & Hendra. We can make sure that everything is done legally and that all of your documents are binding. Build an estate plan with the help of our experienced attorneys today.