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What to know about disinheriting someone

On Behalf of | Jul 18, 2024 | ELDER LAW - Estate Planning, ESTATE PLANNING - Estate Planning

As you’re thinking about the best way to develop your estate plan and perhaps qualify for Medicaid, you might find yourself wondering what’s the best way to distribute your assets. After all, gifting assets and setting up an irrevocable trust can be a great way to reduce your countable assets for Medicaid eligibility purposes.

It’s important to note, too, that you have full control over how your assets are distributed. Although many people try to evenly disperse their assets to their spouse and their children, you don’t have to do so.

Can you use your estate plan to disinherit someone?

Yes. You can either leave that individual out of your estate plan altogether, or you can specifically indicate that they are not to receive any assets from the estate. And, if you change your mind over time, you may be able to modify your estate plan to meet your wishes.

Are there risks with disinheriting someone?

Individuals who are unexpectedly left out of an estate plan or are explicitly disinherited may take legal action against your estate in hopes of gaining access to your assets. They might try to argue that you were subjected to undue influence or that you lacked the requisite testamentary capacity to create the estate plan in question.

So, if you plan to disinherit someone, you should make a strong record of your justifications, have plenty of witnesses observe your execution of the estate plan’s documentation, and secure a medical opinion as to your mental condition prior to executing your estate plan.

Do you want a legally sound estate plan?

If so, then now is the time to start thinking about what you want out of the estate planning process. By being thoughtful and thorough, you can bring your vision of the future into reality while protecting your interests in long-term care.