
There may have been a time when you could not imagine not wanting to leave your loved one with continued financial support upon your unfortunate passing. However, your relationship with this loved one may have changed, along with other life circumstances, and you may no longer find it appropriate to include them in your estate plan. In other words, you may strongly consider disinheriting them from your estate. If this is your current thought process, please continue reading to learn the potential to disinherit someone from your estate and how one of the experienced Butler County estate planning & probate attorneys at Heritage Elder Law & Estate Planning, LLC can help you think through this very critical decision.
Is it possible to disinherit someone from my estate?
In the Commonwealth of Pennsylvania, you may legally disinherit your child or other relative from your estate with little to no issue. However, the same may not be said for disinheriting your spouse. Rather, Pennsylvania estate law holds that you cannot completely disinherit your spouse. And if you do try to remove your spouse from your Last Will and Testament, they may have the right to elect against your estate and claim a portion of your property (i.e., one-third of certain property).
One of the only instances in which your spouse cannot take the elective share and essentially be disinherited from your estate is if you both entered into a prenuptial or postnuptial agreement. Or, if you are your spouse were legally divorced. Lastly, in extreme circumstances, if it was discovered that your spouse willfully neglected you in the year or so before your passing.
What should I do before disinheriting someone from my estate?
Even though you can disinherit your child or other relative from your estate, you must think twice before doing so. This is because your family member may have a legal standing and valid reason to contest your will with the Pennsylvania probate court. Such contention may make the probate process all the more stressful for the family members you did want to inherit your estate.
With that being said, it may be in your best interest to inform a family member about your intention to disinherit them from your estate while you are still living. This is so they may, hopefully, come to terms with your reasonings and not be completely blindsided when the time comes to distribute your estate. Also, disclosing this information may minimize a family member’s opportunity to argue that you changed your inheritance plan when experiencing an undue influence.
If you are looking for more clarity on the matter, please allow one of the skilled Butler County estate planning & probate attorneys to offer it to you. Schedule an appointment with Heritage Elder Law & Estate Planning, LLC today.