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Disinheriting a family member

On Behalf of | Jan 13, 2022 | Estate Planning

Estate planning looks different from family to family. Over time, it’s not uncommon for Louisiana residents to make significant changes to their estate plan, such as disinheriting a family member.

Disinheriting a family member from your estate plan is a necessary act at times. Regardless of your reasons for removing a relative from your will, you want to make sure that it is done right and can’t be contested after you’re gone.

Who can you cut out from a will?

There are plenty of times where you can cut someone out of your will, such as adult children, siblings and parents. However, there are a few circumstances where you can’t cut someone out of your will.

If your spouse survives you, you cannot cut them out of your will without some form of prenuptial agreement. The same goes for minor children, even if they wouldn’t inherit things until they are of age.

Other relatives are all fair game to cut out of your estate plan. It’s assumed that as long as you were not providing for the person as you would a spouse or minor child, you do not owe them a share of your assets after you’ve died.

Why would you want to cut someone out of a will?

Sometimes, people do it over family disputes or hurt feelings. Other times, it’s done for perfectly logical reasons. For example, if you have one child who is not well-off financially, you might be inclined to give them a larger inheritance than your other children. The important thing is to address each child by name, even if they aren’t getting anything.

Can you add someone back in after you’ve changed it?

You can add someone back into your will at any time, and it’s even advised if situations or circumstances changed. Even if you don’t want to add someone back into your will, reading through the verbiage and making sure you aren’t saying anything hurtful or negative in the will might be a wise idea.

Changes to your will shouldn’t be made lightly, but you have every right to arrange your estate plan how you want it. This includes choosing not to leave money to certain family members.