You have the right to decide who receives your assets, but the law imposes important limits and procedures depending on the relationship. Completely disinheriting a spouse is generally not possible unless your spouse agrees in writing, which could be done through a prenuptial or postnuptial agreement because most states give surviving spouses a statutory share of the estate. In some states that share can be roughly half of the marital property, while others guarantee at least a year of support. It is also very difficult to disinherit a minor child as a matter of public policy, but you can typically disinherit an adult child by making your intentions clear in a properly drafted will and/or trust that complies with your state’s laws. To reduce the risk of a court fight, consider explaining your reasons in your estate documents. For example, that a child is already financially secure, and keep your plan consistent over time by signing updated wills or trusts that all reach the same result, which helps demonstrate your settled intent if someone later challenges capacity or undue influence. Because the rules are technical and state specific, work closely with an experienced estate planning attorney to ensure your plan is valid and will be honored as you intended.
If you would like to learn more, or set up a complimentary estate planning consultation with one of our Madison, Wisconsin estate planning attorneys, please contact us and we can schedule a time to meet.