Being estranged from your children can often be a heartbreaking and difficult experience. When you are planning end of life affairs, these relationships can often come back into question with specific decisions having to be made regarding inheritance. An elder law attorney Sarasota residents trust can help you determine the best decisions for your estate and family. However, there are a few things to keep in mind before starting the conversation on disinheriting your children.
Children and Your Will
Leaving your children out of your will does not automatically mean they are disinherited. Your children can challenge your will in probate court and stake a claim to the estate unless they are disinherited. An elder law attorney Sarasota families trust to help settle their affairs can craft your estate plan to specifically state that certain children are not being left any inheritance.
There are myths out there that parents should leave an estranged child only $1 or list the reasons why their child is being disinherited. An elder law attorney Sarasota residents hire to plan their estate will tell you never to do this because it gives the child beneficiary rights. These rights will help them to build a claim against the estate.
One of the best ways to ensure that your estranged child does not have any rights to your estate, or an inheritance is to set up a living trust rather than a simple will. Trusts are private and handled by an executor and attorney rather than the probate courts where the estate becomes public record.
Leaving a child out of your end-of-life plans can be a stressful and painful circumstance to navigate and if you find yourself in this situation, it is advantageous to hire an elder law attorney to guide you. An attorney will help to ensure you are protected before and after your death and that your final wishes are fulfilled.
If you want to begin the process of hiring an elder law attorney, contact The Law Offices of Kimberly K. Muenter, P.A. at 941-229-2529