As a Fish Hawk estate planning lawyer, I often receive questions about disinheriting children and the legal requirements surrounding this difficult decision. While Florida law respects your right to distribute your assets according to your wishes, proper legal guidance helps ensure your intentions are clearly documented and legally enforceable.
Florida’s Rules on Inheritance Rights
Unlike some states, Florida does not have “forced heirship” laws requiring you to leave any portion of your estate to your adult children. The only exception applies to minor children, who have certain protected rights to family allowances and homestead property. However, proper legal documentation remains crucial to ensure your wishes are carried out effectively.
The “$1 Myth”
A common misconception suggests that leaving $1 to a child proves you didn’t forget them and makes your will more difficult to contest. As your Fish Hawk estate planning lawyer, I can tell you this approach isn’t necessary and might actually create complications. Instead, clear documentation of your intentions typically provides better protection for your estate plan.
Creating a Legally Sound Plan
If you’ve decided to disinherit a child, consider these important steps:
First, explicitly acknowledge the excluded child in your estate planning documents rather than simply omitting them. This helps prevent claims that the exclusion was accidental or that you forgot about them. However, you generally don’t need to explain your reasons unless you choose to do so.
Second, consider including specific language that addresses potential challenges to your estate plan. Working with an experienced estate planning attorney ensures this language meets legal requirements while clearly expressing your intentions.
Finally, keep your estate planning documents updated, especially after major life changes. Regular reviews help ensure your wishes remain clearly documented and legally enforceable.
Ready to discuss your estate planning needs? Contact our Fish Hawk office at (813) 438-8503 to schedule a consultation. We’ll help you create a legally sound estate plan that accurately reflects your wishes while protecting your legacy.