Disinheriting a loved one—typically a spouse or child—is a more common situation than some realize. When considering the implications of disinheriting a family member, the law generally supports your right to decide who inherits your assets, but there are important exceptions, especially when it comes to spouses and dependent children. Here’s what you need to know.
Who You Can—and Can’t—Disinherit
You have broad freedom to leave your estate to whomever you choose, but certain individuals may still have legal claims, especially when the issue involves disinheriting a family member.
Spouses
Disinheriting a spouse is especially complex. Most states offer one or both of the following protections:
- Elective share laws, which entitle surviving spouses to a portion of the estate (often one-third to one-half), regardless of the will.
- Community property laws, in states like California and Texas, which grant each spouse equal ownership of marital assets.
Disinheritance may still be possible through a prenuptial or postnuptial agreement, but this requires mutual consent and legal counsel.
Children
Parents can generally disinherit adult children, though most states provide allowances for minor or dependent children to ensure their financial needs are met. In addition, if unpaid child support exists at the time of death, it becomes a debt of the estate. In such cases, consider the complexities of disinheriting family members.
Others
Siblings, parents, and extended family have no automatic inheritance rights unless there’s no will. Still, it’s best to explicitly name those you want to exclude, especially if they might expect an inheritance that you’re disinheriting.
How to Disinherit Someone the Right Way
To effectively disinherit someone:
Be explicit. Include clear language such as, “I intentionally make no provision for my son, John Smith.” When disinheriting a family member, clarity is key.
Identify clearly. Use full legal names and other identifiers to avoid confusion.
Stay neutral. Avoid emotional or defamatory statements—wills are public documents, and harsh language may trigger legal challenges.
Optional: Write a private letter. If you want to explain your reasoning, consider a personal letter to be shared after your passing.
Alternatives to Full Disinheritance
If full disinheritance feels too harsh—or risky—consider these options:
- Use beneficiary designations on accounts to bypass the probate process altogether.
- Leave a symbolic gift (e.g., $100) to show the exclusion was intentional.
- Include a no-contest clause to discourage legal disputes (if enforceable in your state).
- Set up a trust with conditions to protect and guide the beneficiary, especially when considering disinheriting family members.
If You Die Without an Estate Plan
Without a will or trust, state intestacy laws take over, and your estate may go to a family member you intended to exclude. This is why formal estate planning is essential, particularly when disinheriting family members.
Lenders and Investors Expect It
Even if your state doesn’t require it, many banks and investors do. You may find it difficult to open a business bank account or secure funding without a formal agreement.
A well-written operating agreement enhances your business’s credibility. It shows professionalism, forethought, and readiness—qualities that partners, investors, and financial institutions respect.
Plan Ahead and Protect Your Wishes
Disinheritance is a personal and often difficult decision. A clear, legally sound estate plan helps ensure your intentions are honored—and your estate isn’t tied up in costly litigation.
If you’re considering disinheriting a family member or want to ensure your estate plan is clear and enforceable, we’re here to help. Contact us today to schedule a confidential complimentary consultation.
