The eStatePlan Explanatory
Dynamic Trust Portfolio
Disinherited Linear Family Members

With the exception of the "statutory share(s)" that a surviving spouse would generally be entitled to take from a decedent's estate (with the normal exclusion of sole & separate property) and certain forced heirship rules under the civil law code of Louisiana, any person – including natural and/or adopted children – can be legally disinherited from a decedent's will or trust.  In certain states, exceptions to that general rule can sometimes be applied where minor/dependent children are involved.

The intentional disinheritance of a family member can normally be accomplished by simply omitting that person's name as a beneficiary of the (parent's) will or trust.  However, it is recommended that the intentionally disinherited family member be identified by name to avoid a legal argument that the omission was by error or other oversight.

The reason(s) for the disinheritance can be stated of course, but that may not necessarily be the best approach.  For example, a disinherited family member may try to create a prevailing legal argument against the reason given for the disinheritance stating that it was inaccurate or erroneous and thus cause a reverse of the intended omission applied against him/her.

All that is recommended for use in a disinheritance clause is that it simply and clearly states that such family member is being intentionally omitted as a beneficiary.  The template language in your document set contains that clause.  Therefore, all that is needed in this textbox is the names of the family member(s), if any, that you are intending to disinherit from your will or trust, which can be disinherited under state law.  It is recommended that you check with your legal counsel if you have any questions or concerns about disinheritance applications.

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