Disinheriting Your Family in California

Disinheriting a family member is a step you might feel compelled to take for a number of personal or financial reasons. You can disinherit your spouse in California, or any family member, but it requires careful consideration of California’s community property laws which make it more complex to disinherit someone when compared with other states. Depending on your situation, it can also be beneficial to work with a financial advisor .

Why You Might Want to Disinherit a Family Member

One common reason is estrangement. If a family member has been absent from your life for an extended period of time, or there's been a significant breakdown in the relationship, you may feel that they shouldn't be entitled to any part of your estate .

Another reason could be financial mismanagement. A family member who isn't financially responsible or has a history of poor financial decisions might misuse the inheritance. Some individuals also decide to disinherit a family member because they've already provided them with substantial financial support and may want to direct their assets elsewhere, such as to a charity, friend or other family members who may need it more.

Understanding Legal Rights and Disinheritance

California is a community property state, meaning that half of the assets acquired during a marriage automatically belong to the spouse. As a result, you cannot disinherit a spouse entirely, as they are entitled to their share of the community property. However, you can disinherit your spouse in California when it comes to assets you acquired before the marriage or through inheritance.

Children, on the other hand, can be disinherited under California law, but the disinheritance must be explicit in the will. If a child is not mentioned in the will, they could argue that they were unintentionally omitted, which may allow them to claim a portion of the estate. It's also important to consider that family members may contest a will if they feel that the disinheritance was the result of undue influence, lack of capacity or fraud. Legal safeguards and careful estate planning can help reduce the likelihood of a successful challenge. Working with an estate planning attorney may also help your disinheritance decision get upheld in court.

How to Disinherit Your Family in California

If you want to disinherit a spouse or other family member in California, you'll want to follow strict legal procedures and work within the bounds of the law to avoid legal challenges that could undermine your estate plan.

Spouse

In California, because of the state's community property laws, your spouse is entitled to half of the property acquired during the marriage. However, you can disinherit your spouse from receiving any of your separate property by explicitly stating so in your will or estate plan.

If you plan to disinherit your spouse from your separate property, it's important to be clear and specific in your estate documents. You may also want to consider drafting a prenuptial or postnuptial agreement if you’re concerned about the division of assets after your death.

Child

To disinherit a child, you must clearly state in your will that you are intentionally leaving them out. Additionally, if you have a child who was born after your will was created, you must update your will to make sure that they are properly disinherited, or they may be considered a pretermitted heir and entitled to a portion of your estate.

Other Family Members

Disinheriting other family members, such as siblings, parents or more distant relatives, is generally easier than disinheriting a spouse or child. In most cases, these individuals do not have legal claims to your estate unless explicitly included in your will. However, if you want to exclude them from any inheritance, it's still advisable to mention their disinheritance in your will to avoid potential claims.

Bottom Line

Disinheriting family members in California is a sensitive process that requires careful planning and an understanding of state laws. While you have the right to disinherit certain family members, following legal procedures will avoid potential challenges. You can also consult an estate planning attorney to help draft an estate plan that complies with state laws.

Estate Planning Tips

• A financial advisor can work with you to create a plan that manages your estate and then distributes it without probate after you're gone. Finding a financial advisor doesn't have to be hard. SmartAsset's free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you're ready to find an advisor who can help you achieve your financial goals, get started now .
• If you are considering a DIY estate plan, here are some common pitfalls that you should avoid .

Photo credit: ©iStock.com/shapecharge, ©iStock.com/AJ_Watt, ©iStock.com/Wavebreakmedia

The post Disinheriting Your Family in California appeared first on SmartReads by SmartAsset .