Planning for Your Estranged Child

It is an unfortunate fact that not all families are close and today, estrangement is becoming more and more common. If you have an estranged child, you may not want them to receive anything from your estate after you pass away. There are many strategies you can use to deal with your estranged child in your estate plan. The approach you use will depend on the reason for estrangement and the level of the estrangement. Below, our Utah estate planning attorney explains these in further detail.

Disinheriting Your Child Entirely 

You do have the option to entirely disinherit your child if you do not want them to receive anything from your estate. To ensure your wishes are respected, you should mention them specifically in your will and that you are disinheriting them. If you do not do this, it can give them reason to challenge your will and potentially receive a portion of your estate. If your estranged child has children of their own, you should also specify if you are disinheriting your grandchildren, as well.

Disinheriting your estranged child entirely does come with some risk. Your child may still contest the will in court, which can deplete the estate of money and create delays in the process. To prevent a will contest it is critical that you ensure your will is executed properly, write a letter to your child explaining your reasoning, and make sure there will be no suspicion of undue influence.

Smaller Inheritance 

If you do not want to disinherit your estranged child outright, you may consider leaving them a smaller inheritance than the other beneficiaries. This can also help prevent a will contest. You may also choose to include a no-contest clause in your will, which can also prevent a dispute. Utah law does recognize a no-contest clause, unless an heir has a legitimate reason based on probable cause, to challenge a will. However, a no-contest clause can also stipulate that if someone unsuccessfully contests a will, they will not receive anything from the estate at all.

Establishing a Trust

 If you are hesitant to leave your estranged child an inheritance because you are concerned about how they will spend the money, you can place it in a trust. You can include instructions for the trustee about how the inheritance should be disbursed. You can stipulate that small amounts of money are distributed at a time. You can also include certain conditions for dispersing the funds, such as that your child obtains full-time employment, or that they remain alcohol or drug-free.

Our Estate Planning Attorney in Utah Can Help You Plan for an Estranged Child 

Planning for your estranged child can become complex and if it is not done properly, your wishes may not be respected. At AGS Law, our Utah estate planning attorney can advise on your case, execute the necessary documents properly, to protect you and your legacy. Call us now at 801-477-6144 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

le.utah.gov/xcode/Title75/Chapter7/C75-7-P6_1800010118000101.pdf