Regardless of your reasoning, you might decide to disinherit a family member in your Will. If so, it’s crucial to understand that this process can be complex, particularly when it involves a spouse or minor child. To prevent your loved ones from facing a time-consuming and costly probate dispute, please continue reading to learn how our experienced Broward County Wills Lawyer can help properly document these intentions.
Can I Disinherit Adult Children and Extended Family Members?
A common misconception when it comes to estate planning is that you are obligated to include certain family members in your Will. However, under Florida law, you don’t have to leave any of your hard-earned assets to your adult children. If you have a valid will, extended relatives such as siblings, parents, aunts, uncles, and cousins don’t automatically inherit your estate.
If you have made the difficult choice to exclude a child, you can’t just leave their name out, as this can confuse things. A Florida judge might assume a child’s exclusion was an accident, resulting in them being labeled as a “pretermitted child.” To ensure your final wishes are honored when you pass, you must explicitly state within your Will that you intend for that individual to receive nothing. This provides the court with clarity and prevents expensive legal challenges down the road.
What Legal Challenges Might I Face?
When establishing your estate plan, you may want to structure your assets to benefit specific loved ones, potentially cutting your spouse out completely. However, it’s important to bear in mind that state laws impose major limitations on this power. Even if you leave explicit instructions in your Will, you can’t fully disinherit a legal spouse. This is commonly referred to as the “elective share.” Essentially, if your Will attempts to leave your spouse nothing, they must still possess the right to claim a certain percentage of your estate (usually 30%). Estate planning must revolve around this rule to ensure your final wishes are honored while adhering to the state’s legal requirements.
Furthermore, the Homestead Law also shields the primary residence. If you die with a spouse and minor children, your spouse will get a life estate, and the children receive the remainder. If you have no spouse but minor children, you can’t use a Will to leave the residence to anyone else; it will pass to your minor children. Given the restrictions of the Homestead law, you can’t entirely disinherit minor children from your Will.
To ensure your final wishes are honored, it’s in your best interest to connect with a dedicated Broward County wills lawyer from The Probate Lawyers. We are prepared to help safeguard your legacy. Connect with our firm today to schedule a consultation.
