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Can you disinherit your children from your will?

On Behalf of | May 28, 2019 | Estate Planning | 0 comments

As Florida residents recognize the importance of creating an estate plan, it becomes obvious how many complex questions and intricacies must be considered before a final plan is in place. One question to consider is whether you can disinherit your children.

First, it is important to remember that a spouse cannot be disinherited. The exception to this rule is if the spouse has agreed to be disinherited through a post or prenuptial agreement. If you have a large estate and want to be sure there is no issue with where it goes after you are married, it may be a good idea to sign a prenuptial agreement before the wedding. If you have children from a previous relationship and want to make sure they inherit your estate, this is particularly relevant.

While you can disinherit your children, there are some factors to consider before doing so. For example, according to The Balance, you should not use your will as a way to manipulate your child’s behavior. Changes are good that if you do this, your child will revert to the behavior immediately after you are gone, and they have inherited your estate.

You may have other options rather than disinheriting your child. It may be better to put your assets in a living trust and choose someone responsible to control when your child receives certain parts of their inheritance. You could also consider allowing them to re-inherit your estate if you give someone the power of appointment and allow them to have control of a lifetime trust. It is always a good idea to check your will regularly and make sure that your executor or beneficiaries are updated according to your wishes.

This information is intended for educational purposes and should not be considered legal advice.