Contemplating excluding a family member from inheritance is like treading through an emotional maze, where decisions carry the heavy burden of family ties. It’s not just about legal steps; it’s a journey into the mix of personal choices and the possible unease that comes with them. You might be ready to do it, but not so fast. Florida may have some restrictions similar to forced heirship that we have to take into consideration.
Disinheritance: The Intricacies
Disinheritance refers to the intentional exclusion of a family member from inheriting a portion or the entirety of an individual’s estate. However, it is crucial to approach this decision with a clear understanding of the legal implications, as Florida law imposes certain limitations on the extent to which one can disinherit family members.
¿Can I Cut Off My Spouse?
It is impossible to completely disinherit a spouse under Florida law. In Florida, spouses are entitled to a share of the deceased spouse’s estate, regardless of the terms stated in a will or a trust. This is known as the elective share, and it typically amounts to 30% of the decedent’s elective estate. This is a reduced amount compared to the portion that an spouse is entitled to get in the absence of a will or trust, generally, your surviving spouse is entitled to receive a portion of your estate ranging from 50% to 100%. The specific percentage depends on whether the decedent had children or not and whether all the children of the decedent are also children of the surviving spouse.
If your intention is to exclude your spouse from inheriting any part of your estate, it is essential to have a pre or postnuptial agreement; these agreements allow the parties to establish their own terms regarding the distribution of assets.
Disinheriting Children: Having children doesn’t mean you have to share
While you cannot completely disinherit a minor child in Florida, you can disinherit an adult child or other descendants by explicitly stating their intention in a valid will or trust document. This means that the individual must include specific language in their will or trust stating that they are intentionally disinheriting the adult child and excluding them from inheriting any portion of their estate. However, its important to note that challenges may arise if there is evidence of undue influence, fraud, or lack of testamentary capacity.
In addition, other limitations apply such as a family allowance, exempt property and homestead property rights. For instance, a property that is homestead is not subject to devise if the owner is survived by spouse or minor child. The objective is to prevent the possibility of a minor child or current spouse facing homelessness in the event of your untimely death. This is achieved by restricting your ability to leave your residence to anyone other than your minor child or surviving spouse.
To effectively disinherit a family member in Florida, clarity in legal documentation is essential. Ensure that your will clearly states your intention to disinherit specific individuals and consult with an attorney to draft the document accurately. Additionally, periodically review and update your will to reflect any changes in family dynamics or asset distribution preferences. If you need help crafting your estate plan, book your 15-minute free call here.
