Can You Disinherit A Family Member In Florida? Our Clearwater Estate Planning Attorney Explains What The Law Allows
Estate planning is a personal process that allows you to make your wishes clear regarding who should (and should not) inherit your property. Whether it involves a strained relationship or someone who does not need your help, it’s natural to wonder: Can you disinherit a family member in Florida?
The answer is yes, but it must be done carefully and in full compliance with Florida law. William Rambaum, our Clearwater estate planning attorney has over four decades of experience helping clients create wills, trusts, and other vital estate planning documents. If you are considering disinheriting a relative, find out how state laws apply.
Who You Can and Cannot Disinherit Under Florida Law
When creating a Clearwater estate plan, you can disinherit certain family members, but there are also some notable exceptions. Being aware of how Florida law applies in this situation is key to ensuring your wishes are followed in Pinellas County Probate Court proceedings:
- Adult children and other relatives may be disinherited by omitting them, or with clear language in your will or trust.
- You cannot make any distribution of your Florida residence, even if it is your name alone, if you are survived by a spouse or minor child. If you don’t have any minor children, but you are survived by a spouse, then the only permissible disposition you can make is to distribute the residence to you spouse.
- With respect to other property, your spouse is entitled to receive at least an amount specified in Florida’s elective share law, which guarantees them a portion of your estate.
- Minor children are entitled to support and may not be disinherited while obligations still exist.
Florida’s elective share law provides that a surviving spouse may claim 30 percent of the elective estate or the greater amount specified in your Will. It includes property and other probate assets, as well as non-probate assets, such as life insurance benefits. This rule overrides any will or trust that attempts to cut them out, unless a valid prenuptial or postnuptial agreement waives those rights.
How to Disinherit Someone In Your Clearwater Estate Plan
Are you creating an estate plan in Clearwater and want to disinherit a family member? Just leaving them out of your will, may have potential adverse consequences.
In Pinellas County Probate Court proceedings, disinherited relatives can argue that your silence wasn’t intentional but simply an oversight. A more straightforward legal strategy for dealing with this potentially contentious issue:
- Expressly state your intent to disinherit the person in your will or trust.
- Avoid vague or ambiguous language that could invite litigation.
- Review beneficiary designations on bank accounts and life insurance policies.
- Work with an experienced Florida estate planning attorney to ensure full legal compliance.
A well-drafted estate plan that clearly states your wishes and anticipates potential disputes is your best defense against future challenges.
For Trusted Legal Guidance, Contact Our Experienced Clearwater Estate Planning Attorney
Disinheriting a family member is a sensitive and sometimes necessary choice. While Florida law allows for it, the process must be handled with care to prevent disputes and protect your overall estate plan.
William Rambaum has 45 years of experience providing trusted legal guidance to Pinellas County clients. If you’re considering disinheriting someone or want to update existing legal documents, contact our Clearwater estate planning attorney. Request a confidential consultation today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.201.html
mypinellasclerk.gov/Home/Probate-Mental-Health
