You may disinherit a child, but your Estate Planning documents must state your intent clearly. A Trust based Estate Plan is often the preferred Estate Plan in this situation. The reason a Will is often not preferred is because before assets can be transferred according to your wishes in your Will the Will need to be admitted to Probate and the Personal Representative that is nominated in the Will actually needs to be appointed by the Court. When you disinherit someone and they get the required notice of the request to admit the Will they may delay the admission of the Will and appointment of the Personal Representative. Trusts on the other hand do not need to be admitted to the Court to be usable. Therefore, if you die and you have a Trust based Estate Plan your Successor Trustee will have authority to act immediately.
I have a child with whom I have no relationship and I do not want him/her to get anything after my death. Can I disinherit them?
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