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How to Disinherit a Child in Your Florida Will

There are many reasons to cut one of your children or another relative out of your estate plan. Perhaps you disapprove of your child’s life choices. Maybe they have a substance abuse problem or they moved away and left their siblings to take care of you as you aged. It could be that one of your relatives needs the money much more than the others. Regardless of your reasoning, Florida law is on your side.

Under state law, you are allowed to disinherit children as long as the children are not minors. This applies to both wills and trusts, as long as you are not bound by a separate agreement or court order to provide for the child after your death. Complications can also arise when a child is not mentioned in a will because they are born after it is drafted or in certain situations involving homes shared with spouses.

Some people believe that the best way to disinherit a child is to leave them a small amount, such as $1. This shows that you acknowledged the child in your will and chose to give them that low amount. However, most estate planning attorneys deal with this situation by instead adding a provision to the will that specifically states that the child has been disinherited. Mentioning that the child should not receive anything can make it more difficult for them to argue about a specific amount during the probate process.

If you have questions about how to make sure someone is included or excluded from your estate plan, consult a knowledgeable Florida estate planning attorney at the Charles Law Offices.

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