When you initially drafted your Last Will and Testament, you may have had a clear-cut decision as to which loved ones you wanted to name as your beneficiaries. However, since then, your relationship dynamics, life circumstances, and overall standpoint may have altered. With this, you may want to add loved ones, so they may have a fair share of inheriting your estate. At the same time, though, you may want to remove others from this position of privilege. If so, please follow along to find out how to disinherit someone from your will and how a proficient Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you do so.
Why would I consider disinheriting someone from my will?
It may seem harsh to want to go back to your Last Will and Testament and disinherit someone from your estate. Well, sometimes there are valid reasons for doing so, such as the following:
- You may have lost contact with your loved one over the years.
- You may have been made the victim of neglect by your loved one recently.
- You may have concerns with how your loved one handles their personal finances.
- You may have concerns with your loved one’s ongoing legal battles or bankruptcy proceedings.
- You may feel as though you already provided your loved one with adequate support during your lifetime.
- You may come to realize that you and your loved one have a different set of values, beliefs, and lifestyle preferences.
How do I disinherit someone from my will in New York State?
If you have already established a Last Will and Testament, you must add a codicil that addresses your wish to disinherit someone from your estate. Here, you must clearly identify this individual and disclose your intention to leave them with nothing from your estate.
Or, you may create a new will that reflects your current wishes and revoke your original will that reflects your outdated wishes. Also here, though, you should clearly express your want to leave certain individuals with nothing. This is because the New York State Surrogate’s Court may question whether there was an unintentional omission and consider granting this individual a portion of your estate anyway. This may be especially possible if it pertains to an immediate family member of yours, such as your child.
It is worth mentioning that these tactics may not apply to disinheriting your spouse. That is, New York State estate law may not permit you to do so. This is only unless you and your spouse share a contractual agreement that waives this right (i.e., a prenuptial or postnuptial agreement).
If you are looking for more clarity on the matter, please allow a talented Putnam County estate planning attorney to offer it to you. Schedule an appointment with the Law Office of Andres D. Gil, PLLC today.