If you are reading this blog, chances are that you thinking about removing someone from your estate. It is a tough choice. But, if you are ready to move forward, here is what you should know about disinheriting an heir or a loved one.
Disinheriting Your Child
If your will is drafted properly, it is generally possible to disinherit a child. However, you should be aware that if you choose to do this, that child could challenge or contest the will. Again, if you have a solid will in place, your estate will most likely prevail. However, fighting such a lawsuit can be costly for the estate which means there will be less money available for your intended heirs.
Disinheriting Your Spouse
Most of the time, it is impossible to disinherit a spouse. There are certain contracts that allow for a disinheritance such as a prenuptial or postnuptial agreement. These legal documents are valid since the spouse agreed to the arrangement in advance when they signed the document. Without a prenuptial or postnuptial agreement in place, the state’s elective share statute law typically protects the surviving spouse from being either intentionally or unintentionally disinherited.
Here in Texas, the law allows you to completely cut your spouse out of your will, but only in regard to those assets that you control. Because Texas is a community property state, your spouse will still be entitled to a share of the combined marital property and to live in the marital home – even if you try to completely disinherit him or her.
Disinheriting a child or a spouse is very tricky and must be done correctly to ensure that you get the result you are seeking. It is critical to discuss your situation in advance with a qualified estate planning attorney before making any changes to your current estate plan. If you would like to learn more about this, call our office at (281) 845-8538 and make an appointment to discuss the best options for your situation.