My Children No Longer Speak to Me — Do I Have the Right to Deprive Them of Their Inheritance?

circumstances and applicable state law may give that person an opportunity to argue that the omission was accidental or that the estate documents do not accurately reflect the deceased person’s intentions. In some jurisdictions, specific rules concerning pretermitted heirs may apply.

 

A carefully drafted estate plan can instead identify the child and clearly state that the person is intentionally being excluded, when permitted by applicable law. This can help demonstrate that the omission was deliberate rather than accidental.

You generally do not need to explain every personal reason for the decision in the estate document itself. In fact, including detailed accusations or explanations can sometimes create additional opportunities for disputes if the statements are challenged.

 

Because estate law varies by jurisdiction, anyone considering disinheritance should work with a qualified estate-planning attorney who understands the laws applicable to their residence and assets.

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