Many parents assume that their children automatically inherit part of their estate when they pass away. However, in Florida, a parent has the right to decide who will receive their assets. This leads to an important question: Can I disinherit a child in Florida?
In most cases, the answer is yes. Florida law allows parents to disinherit an adult child if they clearly express that intention in a valid will or trust. There are important exceptions and considerations that families should understand before making this decision.
Disinheriting Adult Children
Florida does not have a law that guarantees an inheritance for adult children. Unlike some states that provide certain protections for children, Florida allows individuals to leave their property to whomever they choose.
This means a parent can intentionally exclude an adult child from receiving assets through a will or trust. These decisions may be based on family circumstances, estrangement, prior financial assistance, or other personal reasons.
But to avoid confusion or future disputes, the estate planning documents, such as a will, should clearly state the parents’ intentions. Sometimes, failing to mention a child can create questions about whether the omission was intentional or accidental.
If the estate must pass through probate, you may want to include language that clearly states the child is being intentionally omitted. By doing this, it may help reduce claims that the omission resulted from a drafting mistake or oversight.
What Happens If There Is No Will?
The ability to disinherit a child depends on having a valid estate plan in place.
If a person dies without a will, Florida’s intestate succession laws determine who inherits the estate. Under Fla Stat. § 732.103, children are entitled to inherit when a parent dies intestate.
As a result, a parent who wishes to disinherit a child cannot accomplish that goal by doing nothing. Without a valid will or trust, the child may still inherit under Florida law.
Can a Child Contest Being Disinherited?
A child who has been disinherited does not automatically have the right to overturn a will because they are unhappy with the outcome.
However, a disinherited child may attempt to challenge the validity of the estate planning documents. Some of these grounds for a will contest include:
- Lack of testamentary capacity
- Undue influence
- Fraud
- Improper execution of the will
Fla. Stat. § 732.502 has specific requirements for the execution of wills. A will must be signed by the testator in the presence of two witnesses. Along with that, the witnesses must sign in the presence of the testator and each other.
If a will is properly executed and reflects the testator’s true intentions, a challenge may be difficult to sustain.
What About Minor Children?
Minor children require special consideration. While Florida law generally allows parents to decide how their assets will be distributed, certain protections may limit what can be done, especially when a parent is survived by a minor child or owns protected homestead property.
For example, Florida’s homestead rules can restrict how a primary residence is transferred after death if the owner is survived by a spouse or minor child. Parents may also have support obligations for minor children during their lifetime, and a court may need to address a child’s interests in certain circumstances.
Can a Trust Disinherit a Child?
Many Florida residents use revocable living trusts as part of their estate plans. Like a will, a trust can be structured to exclude a child from receiving assets. Trusts may also provide additional privacy because trust administration occurs outside the public probate process. However, disputes or assets outside the trust may still involve court proceedings.
Niebla Probate Firm Can Help
So, can you disinherit a child in Florida? In most cases, yes. Florida law allows parents to disinherit an adult child if their intentions are clearly stated in a valid estate plan. However, failing to create a will or trust could result in that child inheriting under Florida’s intestate succession laws.
Since disinheritance can increase the likelihood of disputes after death, you want to work with an experienced Florida attorney. At Niebla Probate Firm, we can make sure your wishes are properly documented and legally enforceable. Schedule a consultation today.
