Family is challenging and almost all families have disagreements from time to time. However, if you want to ensure that family members don’t receive your assets or property after you die, it’s imperative to have a valid will.
Family members are considered the “default” option for your estate with no will. Also, even if you have left your property in your will to someone else, your next of kin must be given legal notice of the estate probate and they are the only ones with the legal right to contest it.
If you want to disinherit someone in your family, you must learn your options.
Don’t leave your property in a will
When you plan to pass on your property with a will, you must give your next-of-kin notice. However, only property that isn’t already transferred out of your name must go through probate. Give away your items before you die to ensure they don’t go through probate and therefore can’t end up in someone else’s possession.
Alternately, you can put your assets in a trust – which means they won’t be subject to probate.
Take advantage of the “no-contest” clause
If you include a “no-contest” in your will, it will state that if someone decides to contest your will, they will receive nothing. The mistake many people make is that they don’t leave the disinherited person anything in their will. If this happens, they have nothing to lose, so they will contest the document, which can result in serious delays for other beneficiaries. By leaving a reasonable amount to that person, they will see they have something to potentially lose and hopefully not contest the will.
Protecting your assets after you pass
If you want to ensure that only certain people receive your assets and property after you pass away, it’s important to take the right steps. While disinheriting someone may seem simple, there could be legal complexities if they are your next of kin. Knowing your legal rights and options is a must to handle the process properly.
