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Disinheriting the Right Way

Posted by attorney Stephen Mendel

Usually, when you hear about a parent disinheriting a child it is because the two do not get along or because the parent believes the child has done something wrong. However, that is not always the case.

Sometimes, a parent will not leave an inheritance for a child because the child does not need it and other family members need it more. It happens more often than you think.

However, with the rise of form Wills, this is becoming an issue. People who do not want to leave an inheritance for a specific child are just not mentioning that child when they fill out their form Wills.

That is a problem because, in some States, the law assumes that if a child is not mentioned in a Will that the parent simply made a mistake and forgot to include the child. That child might be given a similar portion of the estate as any other child or relative.

To prevent a child from receiving an inheritance under your Will, you have to write that wish into your Will specifically. It is also best to give some sort of indication as to why, but a reason is not necessary.

This is yet another reason why you should avoid form Wills. Estate law is complicated, and it is never as easy as simply writing out what you want, especially if you want to disinherit a child. Hire an expert.

If you have questions about estate planning issues, then call us for a free initial consultation. We at the Mendel Law Firm can help you uncover your options and choose the strategy that is best for you.

Additional resources provided by the author

The Mendel Law Firm, L.P.
1155 Dairy Ashford, Suite 104
Houston, TX 77079
O: 281-759-3213
F: 281-759-3214

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