There are some misconceptions in the general public about how to disinherit a child. One of the main points to remember is that you need to make it clear to a court, that you didn’t accidentally forget you had a child and simply forgot to name them.
Let’s say you are single and have three children. Two of them are gifts sent down from heaven but not the third child. The third child has stolen from you, lied to you, married a worthless man who gets out of the state penitentiary in five to ten, abandoned her children at the local Dollar General store years ago, arrested for hot checks, burned your rental house down while cooking meth and said that your Thanksgiving dressing (handed down by great grandma) tastes like cow manure with grasshoppers in it.
How do you make sure the loser daughter doesn’t get anything? At a minimum, you need to mention that “meth head” is your child in your will. You don’t have to leave them a dime. Some people think that you have to leave them at least a dollar. It’s not leaving them a dollar that cuts them out; it’s mentioning their name that does the trick.
Here is what we do at our law firm. We name them as a child in mom’s will and we specifically say that they shall receive nothing. If mom also has a trust, we specifically name the child in the trust also and specifically say that they shall receive nothing. Then we add a “No Contest” clause. The “No Contest” clause says that if a child challenges the will or trust in court, then the child doesn’t get a dime and neither do the child’s children if they have any. All of this pretty much stops any attorney from taking the case to contest the will or trust.
Estate Planners of Arkansas, P.A. has prepared over 4,000 Estate Plans. Call 1-501-414-8965 for your FREE initial consultation today.
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