It’s no secret that there are many different family dynamics and several reasons that rifts can arise between loved ones. If this reflects your circumstances and you wish to disinherit someone, you may wonder if this is even possible. It’s important to understand that in almost all instances, you are within your right to write someone out of your will. The following blog explores why you may need to do this and who you can disinherit. You’ll also learn why connecting with Pennsylvania estate planning attorneys is important to ensure you adhere to state laws regarding this complicated matter.
Why might I need to disinherit someone?
There are a number of reasons that you may want to write certain family members out of your will. Generally, this is the result of a falling out or estrangement.
However, you may also not want to include someone in your will because they have issues that money would enable. For example, if your child has problems with gambling or drugs, receiving a large sum of money can only further their addiction.
Not all disinheritances are due to falling outs, however. You may want to write someone out of your will because they no longer need the assets you intended to leave them and someone else could use them more. For example, if one of your children wins a lottery and comes into a large sum of money, you may want to write them out of your will to help provide greater financial support for their sibling.
Am I allowed to do this in Pennsylvania?
It’s important to understand that you are well within your right to disinherit someone from your estate. However, you legally cannot disinherit your spouse unless you have a previous document, like a prenuptial agreement, that allows you to do so. If you try to disinherit a spouse, they can claim an elective share, which is one-third of your estate.
If you wish to do so, it’s important to meet with an experienced estate planning attorney who can help you navigate these complicated matters. Unfortunately, trying to do so on your own can pose several problems.
First and foremost, you may be under the assumption that it’s in your best interest to leave a $1 inheritance to someone as a symbol that you did not forget to leave them something but simply do not want to. However, by doing so, you risk opening the doors for the individual to challenge that they should’ve gotten more. This is because they are now a legal heir to the estate, even if they only receive a single dollar.
Additionally, you do not have to explain why you are disinheriting someone, just that you wish to do so. If you make an explanation, the person can try to challenge this in court, and could potentially argue that they should not have been excluded from the inheritance.
As you can see, there are many considerations you must make if you wish to write someone out of your will. That’s why it’s in your best interest to connect with an experienced estate planning attorney who can help you protect your assets and ensure your wishes are legally binding. Contact us today to learn how we can guide you through these complicated matters.
