With the exception of the "statutory
share(s)" that a surviving spouse would generally be entitled to take from a
decedent's estate (with the normal exclusion of sole & separate property)
and certain forced heirship rules under the civil law code of Louisiana, any
person including natural and/or adopted children can be legally
disinherited from a decedent's will or trust. In certain states,
exceptions to that general rule can sometimes be applied where minor/dependent
children are involved.
The intentional disinheritance of a family member can normally be accomplished
by simply omitting that person's name as a beneficiary of the (parent's) will or
trust. However, it is recommended that the intentionally disinherited
family member be identified by name to avoid a legal argument that the omission
was by error or other oversight.
The reason(s) for the disinheritance can be stated of course, but that may not
necessarily be the best approach. For example, a disinherited family
member may try to create a prevailing legal argument against the reason given
for the disinheritance stating that it was inaccurate or erroneous and thus
cause a reverse of the intended omission applied against him/her.
All that is recommended for use in a disinheritance clause is that it simply and
clearly states that such family member is being intentionally omitted as a
beneficiary. The template language in your document set contains that
clause. Therefore, all that is needed in this textbox is the names of the
family member(s), if any, that you are intending to disinherit from your will or
trust, which can be disinherited under state law. It is recommended that
you check with your legal counsel if you have any questions or concerns about
disinheritance applications.
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