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Carter Foreman | Attorneys At Law
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Can you disinherit your children from your will in Florida?

On Behalf of | May 27, 2024 | Family Law |

In Florida, parents can disinherit their children through their wills. This means that parents can legally choose to leave nothing to their children after they pass away.

However, there are specific rules and considerations to keep in mind if you choose to move forward with this decision.

Disinheriting adult children

Florida law allows parents to disinherit their adult children for any reason. If parents do not want their adult children to inherit anything, they can state this clearly in their wills. It is important to be explicit about the intention to disinherit. The process of executing a will in Florida is strict, so simply omitting a child’s name from the will might not be enough.

Disinheriting minor children

Disinheriting minor children in Florida is more complicated. Florida law protects minor children to a greater extent than adult children. If a parent dies, the minor child has a right to receive a portion of the estate, regardless of what the will says. This principle of “elective share” typically entails a certain percentage of the estate. This law ensures that minor children receive some financial support even if the parent tries to disinherit them.

Updating the will

Parents need to regularly review and update their wills to reflect their current wishes and family dynamics. If a parent intends to disinherit a child, the will must clearly state this intention. Vague or outdated documents can lead to legal disputes among family members, potentially resulting in the court not honoring the disinheritance.

Disinheriting children is a significant decision with long-lasting effects. It is essential to communicate intentions clearly and update legal documents to reflect these decisions. Florida family law provides the framework to do this, but it requires careful planning and precise language in the will.