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Grounds For Disinheriting A Spouse And Children


Planning for the future is important, and estate planning is one way to ensure that your assets are divided as per your wishes after you pass away. However, sometimes there may be situations where you feel disinheriting your spouse or children may be necessary.

This is a sensitive topic and requires careful consideration. However, you do not have to make that decision alone. Consider speaking with a knowledgeable lawyer. Our Pompano Beach elective share lawyer at Mark R. Manceri, P.A., can explain the grounds for disinheriting a spouse or children to help you make an informed decision.

What Are the Grounds for Disinheriting a Spouse and Children?

The most common grounds for disinheriting your spouse or children include:

Previous Inheritance Distribution

If your children have already received substantial gifts or inheritance from you during your lifetime, you may choose to disinherit them from any future inheritance. It is important to communicate with your children beforehand regarding this decision and make sure you have proper documentation in place to support your decision.

Lack of Relationship

If you have a strained relationship or no relationship with your spouse or children, you may choose to disinherit them entirely. This decision shouldn’t be taken lightly and requires careful consideration. It is important to ensure your reasons for disinheriting are based on valid grounds and not out of anger or spite.

Conflict of Interest

If you have a business or other assets that are co-owned and you do not trust your spouse or children to maintain the business or assets after you’re gone, it may be grounds for disinheriting them. To avoid legal consequences or disputes, it is important to have a clear and well-defined reason for taking such action in your estate planning.

What Is the Spouse’s Elective Share in Florida?

The spouse’s elective share is a legal right granted to a surviving spouse to claim a percentage of their deceased spouse’s estate no matter what their will says. This means that even if a will purposefully disinherits a spouse, they are still entitled to a portion of the estate.

In Florida, the elective share is 30% of the deceased spouse’s “elective estate” (Florida Statutes § 732.201). It is important to note that the elective share only applies if the deceased spouse was a resident of Florida or had property in Florida at the time of death.

How Is the Spouse’s Elective Share Calculated?

The elective share is calculated based on the deceased spouse’s “elective estate.” The elective estate includes all assets that the deceased spouse owned at the time of their death, including assets that may have been transferred outside of the probate process, such as life insurance policies, retirement accounts, and jointly owned assets. The elective estate also includes all of the deceased spouse’s lifetime gifts made to others, as well as certain property that the deceased spouse had an interest in at the time of their death.

Consult with a Lawyer Today

Disinheriting a spouse or children can be a challenging decision, but it is your right to do so if you have exhausted all other options. Consider contacting our experienced lawyer at Mark R. Manceri, P.A., to get help in navigating this decision-making process and ensure that your final wishes are properly documented. Call 954-491-7099 to receive a consultation.



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