Disinheriting: How to Exclude Someone from a Will

A Last Will and Testament is essential for every adult. It establishes your wishes for distributing your property after your death. When you prepare your will, you can protect your legacy, choose who will inherit your property, and ensure that they receive exactly what you want. But what happens when there are family members you do not want to inherit your property?

The process of excluding a person from your will is called disinheriting someone. It is relatively straightforward; however, complications can arise, and you risk causing family tension, conflict between family members, hurt feelings, and even a will contest.

If you want to exclude someone from an inheritance, you should work with an experienced estate planning attorney who can provide advice and increase the likelihood that your wishes will be followed.

Who Can You Exclude from a Will?

Before deciding to disinherit someone, you must understand who can inherit, who will not inherit, and the limitations on disinheriting someone.

Disinheriting Your Spouse

Nevada law places restrictions on who you can exclude from your will. Unless you agreed to it in a prenuptial agreement, you cannot completely disinherit your spouse. And even if you try to completely disinherit your spouse, Nevada law will override your wishes and give your spouse a portion of your estate, known as the elective share.

Excluding a Child

You can disinherit your adult children, but minor children will be protected against disinheritance. If you choose to disinherit an adult child, you increase the chances that the disinherited child(ren) will contest the validity of your will.

Disinheriting Your Parents

You can disinherit your parents if they outlive you. Parents are not legally entitled to a share of their children’s estate. If you do not want a parent to receive a portion of your estate, you are free to exclude them from your will.

Excluding Extended Relatives

You are also free to inherit any extended relatives. Extended relatives generally do not receive any of your inheritance, and you do not need to expressly exclude them from your will.

Disinheriting Someone in Your Will

Once you decide there are people you wish to remove from your will, it is time to move forward. First, consider the reason you want to exclude someone from your will. You might be estranged from the person you wish to disinherit, no longer have much of a relationship, or do not trust the person. Or perhaps you believe they have adequate financial resources and do not need an inheritance from you.

If there is someone you specifically wish to exclude from your will, it is wise to use a disinheritance clause. An experienced estate planning attorney will include a disinheritance clause to ensure that an heir or beneficiary is removed and will not inherit under your will.

Remember that your will is your last communication and that there will be no opportunity to offer clarification. For this reason, you should explicitly state that you are choosing to disinherit someone.

When you include a disinheritance clause, it is not necessary to specify why you chose to disinherit a person. However, you should make it clear that you are not including them in your will, and explicitly specify that you chose to exclude them.

Protecting Your Will

Once you have prepared your will, you must take steps to protect it, especially if you chose to disinherit someone. By choosing to disinherit someone from your will, you risk a will contest. A person named in a previous will or who would be eligible to inherit if the will was invalid might contest your will. The likelihood of a will contest increases when you disinherit someone.

To protect the integrity of your will, it is important to work with an experienced estate planning attorney who will take steps to prove your intent and decrease the likelihood of a will contest.

Contact The Vander Laan Law Firm for Your Estate Planning Needs

If you have questions about disinheriting someone from your will in Nevada, talk to Natalia Vander Laan, an experienced estate planning and probate attorney.

Ms. Vander Laan has extensive experience advising people on their estate plan. She can prepare your last will and testament and other estate planning documents and ensure that your wishes are followed. She will provide legal advice to ensure that you make your wishes known and protect your estate from a will contest.

To get started on your estate plan, contact the Vander Laan Law Firm today to schedule a confidential consultation to discuss your situation and how Ms. Vander Laan can help.