Disinheriting an Heir: What You Should Know

disinheritance is shown on a photo using the textJohn, a successful entrepreneur in San Jose, is planning his estate. He has two children: Lisa, a successful surgeon, and Sam, a young adult with special needs. For various reasons, including Lisa’s financial independence and Sam’s unique situation, John is contemplating disinheriting Lisa from his estate.

The Importance of Estate Planning

Estate planning is a vital aspect of personal financial management. It is the strategic process of structuring your wealth and assets to be passed on to heirs or beneficiaries according to your wishes after your demise. A comprehensive estate plan is the bedrock that ensures your intentions are honoured meticulously.

Estate planning transcends the simple division of assets. It encompasses a range of factors:

Every individual has unique estate planning needs. It may be as straightforward as drafting a simple will or complex like setting up multiple trusts and business succession plans. Regardless of the complexity, the goal remains – to ensure that your wishes are upheld. 

Understanding Disinheritance and Its Implications

Disinheritance refers to the act of intentionally excluding a family member from receiving any inheritance or assets after the individual’s death. While it may be a challenging decision, there are various reasons why someone might choose to disinherit an heir.

The decision to disinherit an heir is deeply personal and, while legally permissible, is bound by certain regulations and constraints. Various jurisdictions enforce specific laws that protect certain heirs, such as spouses or minor children, from disinheritance. 

Examining the Grounds for Illegitimate Disinheritance

While there are legal avenues to disinherit an heir, certain actions or circumstances can render disinheritance illegitimate or unlawful. Familiarity with these grounds can be crucial in avoiding potential legal challenges to your estate plans. Here are some of the main instances of disinheritance that are not legally sound:

Keyes Law Group

Disinheriting an heir is a sensitive matter that requires careful consideration and professional guidance. Taking the time to create a comprehensive estate plan with the assistance of a skilled San Jose, CA trust attorney can bring peace of mind, knowing that your wishes will be carried out as intended. If you find yourself in a situation that calls for disinheriting an heir or need assistance with any estate planning matters, reach out to our experienced team.

At Keyes Law Group, we understand the complexities of estate planning, conservatorship, and special needs adult matters. If you require assistance with estate planning, conservatorship matters, or need to discuss the possibility of disinheriting an heir, schedule a consultation with Keyes Law Group. Our experienced trust attorneys in San Jose, CA, are here to help you navigate the complexities of estate planning and ensure that your wishes are upheld. 

Browse our website or call us today to take the first step towards securing your legacy.

CLIENT TESTIMONIALS

"I have had the pleasure of working with the Keyes Law Group these past months. To date, Mr. Keyes has been a great asset to our family; helping to plan a trust and the appropriate tax strategies for us and the next generation. What has worked very well for my wife and I is the time Mr. Keyes has devoted to not only hearing our financial planning concerns, but to also take the necessary time to explain and offer options for us to consider. We have worked with tax attorneys and financial consultants over the years. For us, a successful relationship is one of the key factors that we strive for. Working with the Keyes Law Group has been a very good fit for us as we work to get our financial affairs in order." -- RY
"I can’t say enough great things about Keyes Law Group! They are thorough, caring, and extremely efficient! I send everyone I know to them for Estate Planning! They took such great care of my family and they have earned my business forever! Look no further than Keyes Law Group if you want a seamless process and to cover all bases for your estate! They aren’t just Estate Attorneys; they are family!" -SL
"The patience with helping us achieve our goal and the patience in breaking down the legalese into simple language that we could understand was very beneficial. We felt we were very well taken care of." -GR
"We truly appreciate your thoughts, ideas and time. I very much value your expertise and look forward to more dialogue about best ways to move forward, build healthier relationships with our children and their children and to pass on our values to the degree we are able." -R.Y.
"I was able to have a honest dialog with such an understanding, compassionate, and caring human being. Thank you." -Y.H.
"I've had the opportunity to work with Elijah for several years now. I started during a challenging situation with my mother and he was terrific. I'd say he's very responsive, reliable and exceptionally fair. Also very empathetic. It's refreshing to engage with him and feel that I'm being well taken care of and my needs are being met. His staff is also lovely and overall super accommodating." -I.S.
"It is very important to research and choose wisely when looking for an estate planning attorney. Did you know that the California State Bar Board of Legal Specialization has a unique recognition for attorneys who go beyond the regular requirements to practice Estate Planning? Elijah Keyes has this designation; Certified Estate Planning Specialist. He is extremely well versed with this specific area of law and is a strong advocate for his clients in estate planning, including establishing living trusts, wealth planning and family transfers, dynasty trusts, conservatorships, special needs trusts, elder law medi-cal benefits and planning, trust administration and probate. Thank you Elijah, for being a trusted resource for us and for our clients!" -M.H.
"Keyes Law Group helped our family through a very difficult time with estate planning. He's honest, transparent and genuinely cares about his clients. His own personal experiences have shaped his approach in working with people - especially older folks who might be more mistrusting. He can finesse difficult conversations with ease and for that, I'm forever grateful. 100% recommend!" -Y.V.
"Elijah was very helpful with editing our family trust after my wife passed away. He answered all my question in a timely manner and if he did not know the answer he found out quickly. He would take time out of day to reassure me that he had everything under control. He took his time to explain why he worded the trust the way he did and that I understood what it meant. Will use him again when the trust needs to updated." -D.

HOW CAN WE HELP YOU?