I offer Free Discovery Calls to allow potential clients to get to know me and for me to understand how I can help them and plan the next steps. It is common for me to get a call like this:
“I want to update my trust. It’s really simple.”
“Tell me what you want to do?”
“I want to change my beneficiaries.”
“Why?”
“My son/daughter is on drugs, and they stole money from me. I want to disinherit them.”
“Okay, I can help you. You will need to completely update your Trust.”
“Can’t I just cross them off?”
It seems logical to the caller that this is simple. Disinheriting a child is never simple. Chances are, they will contest the Will or Trust. The no-contest clause just states that they get nothing if they contest, and they are already getting nothing. If the contest is in “bad faith,” they could be required to pay attorneys’ fees, but proving that a contest is brought in bad faith is VERY difficult unless the facts surrounding the disinheritance are well-documented. This is why it is not simple.
If you “just cross them off,” the contest becomes easier, and they will likely receive their inheritance.
If you want to disinherit a child, give me a call. Now you know it’s not that simple.
