Films often depict stores of rich fathers who disinherit the family outcast. The story usually follows the child in their attempts to win over the father and reclaim their position as an heir. But does fiction mirror reality? Can you disinherit a child? In most cases, yes. You can disinherit a child under most states’ laws. But to do so, understand the limitations and additional factors if you are considering this option. In California, where Skvarna Law Firm is located, you can effectively disinherit a child until they reach the age of maturity.
Why would someone disinherit their child?
People consider disinheriting a child for various reasons:
- The relationship is estranged.
- The adult child has accumulated sufficient wealth, so they do not need additional assets from the parent.
- The parent is worried that the adult child would misuse a future inheritance. This often occurs if the child has previously squandered wealth.
Drawbacks
Regardless of why a parent would disinherit a child, they should not disinherit as a tool to manipulate. Disinherited children may feel angry. This could lead to turmoil within the family. What’s more, the child could challenge the validity of estate planning documents. Such a challenge could result in a court proceeding which could delay the rest of your family’s access to their inheritance.
No-Contest Clause
One way to avoid this is to include a no-contest clause. Also called an in terrorem clause, this legal option can eliminate challenges to a will. The clause states that if someone challenges the validity of a will or trust and loses that challenge, they lose the inheritance they would have originally received. This clause is helpful. But it is not available in all states.
Alternatives to Disinheriting a Child
Parents exercise multiple options for how to transfer wealth. In other words, you need not make an all-or-nothing decision. One option is to structure your estate plan to grant children a minimal amount. The benefit of leaving something small is that doing so makes it more difficult for a child to argue over being disinherited. Offering a small amount serves as proof that you intended to leave something to the child. In addition, providing a small amount to your child under a will or trust may discourage legal challenges.
About Skvarna Law in Glendora and Upland, California
Skvarna Law Firm operates offices in Glendora and Upland, California. We provide legal services. We cover San Bernardino, Los Angeles, Orange, and Riverside Counties. This includes several cities. Upland, Ontario, Rancho Cucamonga, Fontana, Colton, Rialto, Chino, Chino Hills, Glendora, Claremont, Pomona, La Verne, Montclair, San Dimas, Azusa, Covina, West Covina, Diamond Bar, Walnut, La Puente, Corona, Norco & Mira Loma.
