It is no mystery to anyone that family dynamics can be complicated and sometimes difficult. Family can be a wonderful resource and foundation for us in all stages of our life, but unfortunately, those relationships can sometimes sour. When crafting an estate plan, this can sometimes result in the testator deciding to disinherit some of his or her relatives. There can be many reasons why someone chooses to disinherit friends and family.
The most obvious reason someone may choose to disinherit a relative would be due to a major disagreement or estrangement. A fundamental difference of opinion about how a family matter should be handled, for example. Another reason may be that a parent may decide to disinherit a child because that child lives a lifestyle of which the parent does not approve. It is not terribly uncommon for a wealthy parent to not want to leave major assets to an adult child just to have those assets squandered on gambling or drugs. Adults may also want to disinherit their spouses because of marital disagreements. However, if you are considering disinheriting your spouse, you should know that this is much easier said than done. California, like most other states, provides for what is called a “spousal share.” This means that even if your Will states your spouse should receive nothing or a very small share of your estate, your spouse can still override that Will and take the minimum amount allowed to him or her under California law. Also of note is that children and other relatives do not have the same privilege, so if you decide to disinherit your children, there is no equivalent “child share” provision in the law.
Another reason to disinherit someone could be that you believe that he or she already has ample assets and does not need the benefit of your generosity. This could occur when, for example, one of the testator’s children is a wealthy business owner and the other is a kindergarten teacher, barely scraping by. It could make sense to a testator to leave the assets to the child who needs the help more. Testators should be cautious when choosing this route, however, as it could result in resentment between the children.
Finally, a testator may decide to disinherit other family members when one family member or trusted friend has provided all or most of the testator’s end-of-life care. The testator may feel that he or she wishes to provide as much benefit to that friend or loved one who gave so much of his or her time to make the testator’s final time as comfortable as possible.
The decision to omit a child or disinherit a child requires thinking about why we want to take this action, and is a highly personal decision which requires the assistance of an experienced estate planning attorney. Call us today to make an appointment to talk about your goals.