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Do you need to leave someone $1 to disinherit them?

On Behalf of | Mar 17, 2024 | Estate Planning

Families can be very complicated – and parents and their adult children do sometimes have difficult relationships. Sometimes, the issues between them become extreme, and they simply cut their ties.

Whatever the reason behind your estrangement, it’s not unusual for a parent to decide to disinherit a child – but you need to do it correctly.

Leaving $1 is not the right way to go about disinheriting someone

There’s a pervasive myth that you have to leave a natural heir, such as an estranged adult child, at least $1 in your will to properly disinherit them. The idea is that the $1 designation shows that your actions were intentional – not an oversight due to age and cognitive dysfunction.

However, that can actually create problems for the executor of your estate or your trustee (if you set up a trust). For the sake of that $1, they will have to try to track down your “mostly” disinherited heir to provide them with the proper notices and an accounting of the estate. That could increase the overall expense to your estate and delay the inheritances of others.

Instead, California law says that you need to simply make your intentions to disinherit your child crystal clear in your testamentary documents so that there is no question that your actions were deliberate. That means putting your decision in writing that is unambiguous.

Estate planning is often a lot more complicated than people realize – and you don’t want to make a mistake by trying to handle all the details yourself. When a nuanced approach is needed to make sure that your wishes are followed, it’s smart to get legal guidance.

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