As much as it hurts to think about, there are times when people need to disinherit someone from their estate plan. This is often seen as an extreme measure, but it is one that can be warranted. You might have other options that enable you to pass assets to them.
One of the reasons why you might want to disinherit someone is because you don’t feel they will be responsible with the inheritance. This might be because of criminal activity, drug use or any other reason.
You can use a trust to get the inheritance to the heir. This allows you to set specific terms for the distribution. You can even tier it, so they don’t get everything all at once. There are many types of trusts that you can utilize, so make sure that you review the options that you have. You need one that can serve the purposes that you have in mind.
If you don’t think that the trust will work or if you have your mind set on disinheriting them, find out if it is possible. Some limitations are present in these situations. Your estate planning attorney can help you.
Once you verify that you can disinherit the person, you need to ensure that you take the appropriate steps to make this happen. Typically, you will have to explicitly note that they are disinherited within your estate planning documents.
You might also opt to discuss this with the heirs to let them know about your decision. It might also behoove you to speak to the person who is being left out, so they know what to expect when you pass away. This can make things easier on the other heirs since the person won’t be shocked.