Future.

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.

Disinheriting Minor Children

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.

Disinheriting Adult Children

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.

Other Factors to Consider

Inasmuch as you can exclude your adult children from your will, you must consider a few other factors, such as the following.

• If your child has ongoing medical expenses or they have a disability, then it would be futile to deny them some inheritance. The court might consider their plight and allow them to receive a portion of your estate.
• You should explain why you would like to exclude your child from your will, especially if you don’t have a good relationship with them. That explanation can prevent any legal disputes regarding the will.
• There are always higher chances that your child will contest your final wishes legally, and it is best to have them prepared by a professional to reduce the chances of such disputes.

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.

The Advantages

1. Elimination of Attorney Fees: The decision to file for bankruptcy without the help of a bankruptcy attorney offers you the benefit of saving money.
2. Unmatched Control Over the Filing Process: The decision to file for bankruptcy on your own means that you are in charge. It involves communicating directly with the court, making important decisions, and putting together all the paperwork.
3. You Will Learn All That It Takes to File for Bankruptcy: Filing for bankruptcy on your own can be a learning experience. You will understand the legal system and more about financial management.

Cons of Filing for Bankruptcy Without an Attorney

1. Inability to Navigate the Complexities of the Legal Procedure: Filing for bankruptcy in the United States is not a straightforward issue, as it entails navigating complex legal procedures. There are a set of requirements that determine if the court will declare you bankrupt or not. There is usually the disadvantage of getting a negative outcome if you fail to adhere to certain rules and requirements.
2. There is the Possibility of Making Detrimental Errors: Like any other legal procedure, there are specific ways to file for bankruptcy that a layman may not be aware of. A lack of knowledge on these specifics can result in erroneous filing that could get your case dismissed.
3. Lack of Legal Expertise: Seeking the services of an attorney when filing for bankruptcy comes with additional benefits, such as expert legal advice. If you do it alone, you are missing out on the benefits that come with experience and knowledge in negotiating for the best outcomes.

Make the Best Choice for Your Future

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.