As a Brandon will and trust lawyer, I’ve helped many clients who prefer to leave their legacy to charitable causes rather than family members. While this is entirely your right, it requires careful planning, especially when you have heirs who might have different expectations.
Understanding Legal Rights in Florida
Before making your plans, know who has protected rights to your estate:
- Spouses cannot be completely disinherited in Florida without a valid prenuptial or postnuptial agreement. They’re entitled to at least 30% of your estate through their “elective share.”
- Minor children also have certain protections under Florida law.
- Adult children have no automatic legal right to inherit from you, giving you freedom to support causes you value instead.
Making Your Charitable Wishes Legally Sound
Even when you have excellent relationships with your family members, the decision to leave your assets to charity instead of to them can be difficult for heirs to accept. They may have financial expectations or feel that an inheritance represents your love and approval. These emotional reactions can sometimes lead to legal challenges, regardless of your intentions.
That’s why it’s especially important to make your charitable wishes legally sound and clear. Consider these essential strategies:
- Be explicit in your documents. Specifically name family members and clearly state your intention not to leave them an inheritance. This prevents claims that they were accidentally omitted.
- Understand Florida’s position on “no-contest” clauses. While these provisions may discourage challenges in some states by stating that anyone who contests your will and loses forfeits any bequest they would have received, in Florida, these types of provisions are unenforceable. You should talk to your estate planning attorney before inserting such a provision in your Will.
- Document your capacity. Have your estate planning documents professionally drafted, consider a capacity assessment, and create a separate letter explaining your reasoning.
- Use the right giving vehicles. Options include:
- Direct bequests in your will or trust
- Donor-advised funds
- Charitable trusts that can provide income during your lifetime
- Beneficiary designations on life insurance and retirement accounts
- Consider lifetime giving. Establishing a pattern of charitable giving during your life builds a record of your intentions and may provide tax benefits.
The Importance of Planning Ahead
Remember that your estate plan should reflect your unique priorities. Whether you choose to leave your entire estate to charity or balance charitable giving with family bequests, proper planning ensures your wishes will be honored.
As an experienced estate planning attorney in Brandon, I’ve guided many families through these complex decisions. If you need help creating or updating your estate plan to include charitable giving, simply contact our team at the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. We’re here to help ensure that your legacy allows you to support the causes you care about with the least amount of conflict or red tape as possible.