Often we have clients who express that they are in close contact with most of their children, but feel they want to disinherit an adult child due to estrangement.   They may not have spoken with this child in years.  Sometimes our client is not even sure where their estranged child lives.  Maybe the child is still in touch with siblings; maybe not.  If you find yourself in this situation, you might be thinking about disinheriting an adult child out of your estate plan.  You may be unsure if you are allowed to do this legally.  The answer is yes.  As long as you have the mental capacity to make a will, you can also change that will.  There is no legal obligation in Florida to leave adult children anything or to use equal shares.

Parents might not be trying to punish by efforts to disinherit an adult child.  Instead they might want to focus on maximizing the amount to be received by their other children they feel closer to.  Whatever the reasons,  cutting out an estranged child is a serious and painful decision.  But remember that if you reconcile with this child in the future (while you still have mental capacity) you can change the will again to include them.  Remember also that you are under no obligation to share the exact details of your estate plan with your heirs.  (If you have a spouse, unless there is a pre-nuptial agreement, you should be open and honest with your spouse about your estate plan.)  We usually advise clients to keep details private until the documents are operative, at which time the client will be dead.  No one likes the bullying that goes along with threats to cut someone out of your will!

If you decide to disinherit an adult child, here are some suggestions to organize your thoughts before meeting with your attorney:

When you disinherit an adult child, it can be as painful as being rejected by your child. 

Many parents may decide they want to leave their estranged child “something” and plan to name them sole beneficiary of a particular bank account.  We do not recommend this course of action for a couple of reasons.  First, those funds will not be available to the person administrating your trust or probate.  Secondly, the money could be used to pay for litigation challenging your estate plan.  Thirdly, although this may have been a small account initially, if you have big expenses such as long term care needs draining your other assets, this account could end being a larger inheritance than your other heirs receive. Fourth, if you have those long-term care needs the assets in this account may need to be liquidated anyway as part of a Medicaid eligibility plan.

If you have not made your estate plan, or have not reviewed it in a number of years, we can help.  Just call our office at 239-434-8557 to set up a time to discuss your unique family situation.