There are several reasons why some people want to exclude their children from their will. It could be because they are estranged from the child or because they have already provided lifetime gifts to the child. Still, wanting to exclude your child from your will requires significant consideration as it has legal implications.
Even if you would like to exclude your child or children from your will, you are not allowed by law to disinherit minor children. Minors are legally protected from disinheritance. The law entitles these children to any financial support they would have received if they had lived with you until they became legal adults.
The law does not protect adult children as it does minor children. However, failing to name them in the will is not enough to ensure that they don’t receive part of your estate. Sometimes, the court assumes that the lack of a name in the will is unintentional, and they can be awarded an equal share as the other beneficiaries you name. If you would like to disinherit your adult child, you must provide the omission as direct information and ensure that the omission is intentional and not an oversight.
Inasmuch as you can exclude your adult children from your will, you must consider a few other factors, such as the following.
Take Action to Ensure Your Wishes Are Honored
The law does not deny you the right to exclude your child from your will. However, the law steps in to protect the rights of minor children, the disabled, or those who need help with medical expenses. Consult an experienced estate attorney in Southaven, MS, to ensure that you navigate these complex decisions. O’Brien Law Firm, LLC, is here to help. Reach out to us today for a consultation.
If your source of income comes to a sudden halt, you might find yourself unable to pay your debts. Under such circumstances, you have to file for bankruptcy to keep bill collectors at bay, restructure your loan installments, and eliminate your debt in some cases. The question is whether you should consider filing for bankruptcy on your own or if you should seek guidance from an attorney.
You can ultimately determine your financial future by correctly filing for bankruptcy. Filing your bankruptcy without an attorney can save you the cost of attorney fees, but there are other major risks you don’t want to take as they outweigh those savings. At O’Brien Law Firm, LLC, we have seen many cases in Southaven, MS, where an experienced attorney has made a substantial difference in achieving a favorable outcome. Contact us today for professional guidance to navigate this challenging process successfully.