Disinheriting a child in California is a complex process that involves understanding the law and taking the right steps to ensure that the disinheritance is successful. Disinheriting someone can be done for a variety of reasons, including if a child has financial or legal troubles, if the parent wants to leave something to charity or grandchildren, or if the child is receiving public benefits. In California, it is vital to disinherit someone in writing, acknowledging that person specifically, in order to make the intent clear. Additionally, leaving someone $1 as a way to disinherit them can create problems for the successor trustee in administering the estate.
California Law for Disinheriting a Child:
Under the California Probate Code, if you do not have a distribution plan for your estate laid out in a will or a trust, then the probate code will determine who your heirs are and how much everyone will receive. Typically, when disinheriting someone, it would be someone in your direct bloodline, such as a child, grandchildren, and so on.
Why You May Plan to Disinherit Someone:
There are a variety of reasons why you might want to disinherit someone, and not all of them are bad. The most common bad reasons are if the child has a strained relationship and is no longer in the picture. Similarly, if an inheritance may cause harm to the child such as may be the case for a child with a drug or financial problem, or if the child has outstanding child support or alimony, additionally, you may want to disinherit someone if the parent wants to leave something to charity or grandchildren, or if the child is receiving public benefits and the inheritance would disqualify them from those benefits.
If you do plan to disinherit someone, you should do so in writing and acknowledge that person specifically. Additionally, we recommend you schedule to talk with an estate planning attorney who can advise you on legal options that may be available for your specific situation.
Myths About Disinheriting:
One of the most common myths about disinheriting is that you have to leave the person something, even if it is only $1. Leaving someone $1 as a way to disinherit them can create problems for the successor trustee in administering the estate, as the person will still have the right to receive notice and an accounting of all the trust assets, even if they only receive $1.
Disinheriting a child in California is a complex process that requires understanding the law and taking the right steps to ensure the disinheritance is successful. It is essential to disinherit someone in writing, acknowledging that person specifically. In addition, there may be other tools or strategies that may apply to your situation, which an attorney will be able to advise you to ensure your estate is distributed according to your wishes.
Feel free to reach us directly at (916)-634-1204 to schedule a free consultation to talk about setting up your California estate plan.
Dustin MacFarlane’s primary focus is on Elder Law and protecting families and seniors. He is a Certified Specialist in Estate Planning, Trust, and Probate Law by the State Bar of California Board of Specialization — a rare distinction.
Prior to becoming an attorney, Mr. MacFarlane worked in the Long Term Care industry. After becoming licensed to practice law in January of 2009, Elder Law quickly became his focus. Seeing the need during his former career, Mr. MacFarlane pursued Elder Law as a primary area of practice.