Disinheriting a family member in Florida is a complex process, particularly when it involves disinheriting a child. Florida law may allow parents to disinherit their children, but the process must be done explicitly through a valid will. Without a will, Florida’s intestacy laws dictate how assets are distributed, and children will generally inherit a portion of the estate. Certain protections also exist for minor children and spouses. If you’re considering disinheritance, take the time to understand Florida’s probate and inheritance laws first.
Estate planning in Florida can get complicated. If you need extra guidance, don’t hesitate to consult a financial advisor.
Can You Disinherit a Child in Florida?
In Florida, your ability to disinherit a child depends on whether the child is a minor or an adult. Parents can explicitly exclude adult children from receiving an inheritance by clearly stating this intent in their will. Florida law allows parents to disinherit adult children without providing a reason, as long as the will is legally valid and free from undue influence. However, if no valid will exists, Florida’s intestacy laws generally ensure children inherit a portion of the estate.
When it comes to minor children, Florida law offers more protection. While parents can still disinherit minor children, they can’t entirely exclude them from receiving support. Under Florida’s Homestead Law, minor children are entitled to the family home if it was the primary residence, even if the parent attempts to disinherit them. Additionally, minor children may be entitled to a family allowance to help cover living expenses after a parent’s death.
These distinctions between adult and minor children require careful legal planning to make sure your will holds up in court. Proper drafting of the will, along with understanding Florida’s protections for minors, are especially important for executing your wishes.
Reasons Family Members Are Disinherited
People may choose to disinherit their children or other family members in Florida for several reasons, including:
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Strained relationships: A parent may decide to exclude a child due to personal conflicts, long-standing disagreements or complete estrangement.
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Financial security: Some parents disinherit their children when they believe their adult children are financially secure. In this case, they may choose to leave their estate to other individuals or charitable organizations instead.
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Potential mismanagement of assets: If a child struggles with financial irresponsibility, addiction or other personal challenges, the parent may want to protect the estate from being wasted.
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Prioritizing other family members: Some individuals may disinherit family members to prioritize a spouse, stepchildren or other relatives they feel have a greater need or closer relationships.
Regardless of the reason, disinheriting family members in Florida requires the parent to carefully plan and draft their will to ensure they meet legal requirements.
How to Disinherit Family Members in Florida
Disinheriting family members in Florida requires a legally valid will that explicitly states your intentions. It’s important to clearly outline who will and will not receive a share of your estate, as Florida’s intestacy laws automatically distribute assets to family members if no valid will exists. Here’s how to approach disinheriting different family members.
Disinheriting Children
To disinherit your children in Florida, you must directly state your intent in your will. You can’t rely on simply omitting their names, as courts may assume the omission was an oversight. Instead, you should include a specific clause that names the child and states your decision to exclude them from the inheritance.
This process is more straightforward for adult children. But Florida law prevents you from fully disinheriting minor children when it comes to certain assets, like a homestead property. Minor children are entitled to the family home under Florida’s Homestead Law, regardless of your will.
Disinheriting a Spouse
Disinheriting a spouse in Florida is more complex. Florida law entitles a spouse to at least 30% of the estate, known as the elective share, even if the will attempts to disinherit them. The only way to fully disinherit a spouse is if both parties sign a prenuptial or postnuptial agreement waiving these rights. Without such an agreement, the spouse can claim their share, regardless of the will’s provisions.
Disinheriting Other Family Members
Disinheriting other family members, such as siblings, nieces, nephews or distant relatives, follows a similar process to disinheriting adult children. You must clearly name the individual in your will and specify that they will not inherit any portion of your estate.
As long as you have a valid will, Florida law generally respects your wishes regarding these relatives. Unlike with spouses and minor children, no special protections exist for these family members.
What Makes a Will Legal and Valid in Florida?
For a will to be legal and valid in Florida, it must meet several key requirements.
First, the person creating the will, known as the testator, must be at least 18 years old and of sound mind, meaning they fully understand the implications of their decisions. The will must be in writing — either typed or handwritten. Oral wills (spoken instructions) are not legally recognized in Florida.
The testator must sign the will at the end of the document in the presence of at least two witnesses. These witnesses must also sign the will in the testator’s presence and each other’s presence, affirming that the testator willingly signed the document. While Florida doesn’t require notarization for a will to be valid, a notarized will can be made “self-proving,” which simplifies the probate process by avoiding the need for witnesses to verify its authenticity later.
Bottom Line
Disinheriting family members in Florida involves careful planning and adherence to specific legal requirements. Whether disinheriting children, a spouse or other relatives, you’ll need to create a valid will that clearly states your intentions. You can exclude adult children and extended family through explicit language, but minor children and spouses have certain legal protections regardless of what your will states. Understand how Florida’s laws work and consult with an estate planning attorney to minimize the chance of a contested will or unintended inheritance.
Tips for Estate Planning
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Disinheriting a family member is a complex decision, and it’s essential to ensure that your estate plan is both legally sound and reflective of your wishes. A financial advisor can help you set up your estate and protect your assets the way you want. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
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When revising your estate plan to disinherit someone, it’s crucial to review key documents such as your will, trust and beneficiary designations. Consider all of these estate planning essentials for more help.
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