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Including your estranged child in your estate plan

On Behalf of | Apr 3, 2024 | Estate Planning

Including an estranged child in your estate plan is a deeply personal decision that results in both emotional and legal consequences. Whether the estrangement stems from personal disagreements, misunderstandings or has evolved over time due to various life circumstances, considering how to include (or not include) an estranged child in your estate plan requires careful thought and strategic planning.

Why do you need to take such care under these circumstances? Managing this particular issue in specific ways can help to ensure that your final wishes are honored and that the risk of potential conflicts among surviving family members – and possibly even estate litigation by those who are confused by your decision to include your estranged child in your estate plan – are minimized.

Acknowledging the relationship

Although your relationship is obvious, it’s important to formally acknowledge the current state of the relationship with your estranged child within your estate planning documents. This acknowledgment does not have to delve into the reasons for the estrangement but should clearly indicate your awareness of the relationship’s nature at the time of drafting the estate plan. Such acknowledgment can serve as a preventative measure against potential legal challenges, asserting that the inclusion or exclusion of the estranged child was a deliberate decision.

Options for inclusion

If you decide to include your estranged child in your estate plan, you may choose to leave a specific asset or a fixed sum of money directly to your estranged child. By contrast, establishing a trust can provide more control over how and when the estranged child receives their inheritance.

Additionally, including a personal letter (not legally binding) with your estate plan can offer a chance to express your feelings and reasons for your decisions regarding the estrangement and inheritance. This can help mitigate misunderstandings and provide closure.

Legally, parents are not obligated to leave anything to their adult children. However, excluding an estranged child without clear documentation can lead to estate disputes. It’s advisable to expressly state your decision regarding the estrangement and inheritance in your will or estate plan. This clarity can help prevent costly and emotional litigation after your passing.

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