Estate Planning Minute – Disinheriting

Hi, I’m Wes Coulson and this is your Estate Planning Minute. This is directed to those of you who might have a “black sheep” in the family, someone who you might want to choose to disinherit. There’s sort of an art to being able to do that and make it stick and it’s something you really need to work with your attorney to accomplish. For instance, there are things called testamentary oversight laws that say that if you just don’t mention someone who is a close relative, the law is going to assume that you didn’t intend to leave them out, you just weren’t thinking of them at the time, so you have to be specific about your intention. There are other things, laws, that protect a surviving spouse and you have to be careful about that planning and how to accomplish it and there are also things called in terrorem clauses, clauses that are intended to make it so that if somebody contests they don’t get anything. Those can be effective but you have to know what you’re doing. So again, if you have a “black sheep” in the family we can accomplish disinheriting them, we just need to do it the right way. Thanks!