Disinheritance can be tricky during estate planning. If you want to disinherit a child, you must expressly mention it. There is a presumption in Nevada law that a child can claim a share in the inheritance after a parent’s passing unless you state they are exempt from inheriting your estate. This stipulation can be problematic for the children you want to inherit your property.
But that’s not the only thing you must consider. You must also have solid grounds for inheritance. Otherwise, the disinherited party may appeal and fight back. It can be hard to understand how disinheritance in Nevada works as a layperson. Fortunately, you can work with a professional estate planning attorney and build a strong case.
Here are the most common grounds for disinheritance in Nevada.
1. Lack of a Relationship
Estrangement or a lack of relationship is a viable reason to disinherit someone from your property. This could be a distant cousin or an estranged sibling you have not interacted with in a long time. You may not necessarily have had a falling, but there is a clear absence of kinship. However, this lack of relationship must be mutual, not just from your side, to qualify as a legitimate reason for disinheritance.
2. Divorce
Divorce is the most common and understandable reason for disinheritance. After divorce, most people tend to remove their ex-spouse’s name from their will and trust. If someone passed away before they had the chance to do that, their lawyer could argue based on the deceased’s intent of doing so. However, one must be legally divorced for this reason to be accepted without challenge.
3. Previous Inheritance
Some parents financially support a child during their lifetime more than others. If you have an asset to one child while the others didn’t receive any gifts, you might not want to leave anything more to this child. This scenario could be solid ground for disinheritance, not out of spite but merely to balance things between your children. It would be better if you take your child on board with this decision to keep things fair and avoid litigation after your death.
4. Conflict of Ideas
People disinherit loved ones over a conflict of opinions all the time. This could be disapproval of your child’s choice of spouse, religion, career, and/or use of drugs. However, this might not be the best route to take from a moral standpoint. The disinherited party may even fight back, citing bias as their reason after your passing.
Estate Planning with The Bourassa Law Group
If you plan to disinherit someone from your estate, there is no time like the present. Life is unpredictable, so getting the task done as soon as possible is better. Disinheritance isn’t simple, as the disinherited kin can contest this decision in court after your passing.
Bourassa Law Group has a team of expert estate planning attorneys in Nevada. We can help you with estate planning and develop a case with strong reasons for disinheritance. We will ensure your estate goes to the beneficiaries you want without the threat of litigation.
Call us at (800)870-8910 to talk to one of our lawyers.
1-800-870-8910