If you have assets to leave behind, it’s up to you who gets them. If you want to disinherit someone and leave them with nothing, that’s often up to you. However, some state laws can protect family members and give them the right to claim a portion of your estate. It’s important to know if you can disinherit a particular person before you attempt to do so, and a Rockland County estate planning attorney from our firm can help you with that.
How Can I Disinherit Someone?
When you want to disinherit someone, the process is usually rather simple. Just update your will. You don’t need to give a specific reason why you are no longer going to leave assets for someone. Whether you are getting a divorce or you have become estranged from this particular beneficiary, updating your will and estate plan allows you to take the assets that you were going to leave behind for them and gift them to someone else.
Is There Anyone Who I Cannot Disinherit?
It’s important to make sure that you can actually disinherit a person before you do it though. Your spouse is usually one of the people that you cannot disinherit. By New York state law, they have a claim to a portion of your estate. Unless you and your spouse have made a prenuptial agreement or another legally binding deal that waives their right to your assets, a disinherited spouse can go to court and try to claim a part of what you leave behind.
What Happens If The Person I Disinherited Challenges the Will?
Someone may challenge your will if nothing is left behind for them. This is why it can be a good idea to make it explicit when someone is left out of your will. If your adult child is not named in the will, they can try to argue that it was just a mistake on your part and try to claim a portion of your assets.
Do I Need a Lawyer’s Help to Make an Estate Plan?
Not necessarily, but it can be beneficial to talk to a lawyer about your estate plan. For one thing, they can advise you on state laws about who you can disinherit. Working with a lawyer also offers additional benefits though. They can tell you more about certain estate planning tools and help you better protect your assets. They can even help you make the process of inheriting your estate easier and less time-consuming for your beneficiaries.
Schedule a Consultation With Our Legal Team
If you need help with your will and estate plan, contact the Lauterbach Law Firm. Every estate is different, so we are ready to work with you and help you make a plan that suits you and your family.