Everyone wants to hand over the family’s responsibilities to someone he or she trusts. Likewise, after one dies, he wants someone caring and responsible to look after his assets and properties. Inheritance is a bigger issue than how it is looked upon. It can make and break a family. Many people disinherit some family members either because they have strained relations with them or simply want someone close to them to look after their valuable assets. In order to do so, legal consultation should be the top priority to avoid family disputes later on.
Things to keep in mind
If you have made up your mind to disinherit someone from your family, you must do so in a proper manner. It is suggested to follow the below-mentioned tips:
Always hire a qualified attorney
You should not take any step or decision without consulting your lawyer. Since he has legal knowledge about the rights of all family members, he can tell you, what you can do and what you can’t do legally. This way, you will be able to take the right decision and inherit your assets in a better manner.
Consider different options to disinherit someone
When it comes to disinheriting someone from your family, you will have a number of options. Depending on the reasons and your relationship with that person, you can choose the most suitable one by working with your lawyer. For instance, you can assign direct beneficiaries to bank accounts and investments. This way, he or she will have no right until you are alive. After you die, the money will go to him or her.
No-contest clause for less inheritance
You might have left less inheritance to some of your children or other family members due to the poor financial condition of others. However, if they feel that they have fewer amounts, they might contest in a court of law and bother all family members. To avoid this scenario, you can add a no-contest clause so that if any of the family members contests, he or she will not get anything. This way, everyone will settle for the inheritance as divided by you.
A spouse can’t be disinherited completely
In most cases, you would not be able to disinherit your spouse completely. Depending on the state laws, your spouse can claim some portion of your property.
A good lawyer will be able to assist you better if you want to disinherit someone from your property.