What To Know Before Removing Someone From Your Will

Estate planning is vitally important for everyone. Before you die, you should have your entire estate planned and accounted for so those you leave behind will not have to go through a frustrating and difficult time sorting through your estate.

As you plan your estate, you include those who you want to receive your assets in your will. Throughout your life, you have the opportunity to make changes to your will whenever you like. Here are some things to keep in mind if you ever want to take a person out of your will:

What You Should Consider

When you remove a person from your will, there are some things you need to first consider, particularly if the person is directly related to you. If you want to remove a child of yours or your spouse, the process to remove them from the will can be hard. In some states, you have to satisfy many requirements before legally removing a child or spouse from your will. You may even have to provide clear evidence as to why you want the person out of your will, such as estrangement or substance abuse.

Your spouse may also voluntarily waive his or her rights to assets from your estate. If this is the case, you have to show verifiable proof that this is the situation you are in. If you and your spouse have a prenuptial agreement in place, that will be a strong piece of evidence for you.

How to Easily Remove an Immediate Family Member from a Will

If you do not want to go through court to remove a person from your will, you can take some specific steps to make the process easier. These options are also less expensive and tiresome.

One thing you can do is leave a small cash inheritance or low value property to the person you want to leave out of your will. In your will, include a no contest clause. While you will still leave something to the person you prefer not to, he or she will still get something without the ability to challenge or contest the will. Your desires for your will is met in this way and you do not have to worry about your estate once you pass away.

When you make changes to your will which affects direct relatives, keep in mind the emotional capital involved with doing so. Do not make estate decisions lightly. Before you do anything, contact a legal firm, like Skeen Law Offices, to ensure you make the best decision.


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