Estate planning is never easy, and for some families, it can involve especially difficult decisions.
One question that can arise is whether a parent can legally disinherit a child. Local attorney John Levy says while the topic may be uncomfortable, it’s more common than many people realize.
When Disinheritance Comes Up
In most cases, parents are legally allowed to leave a child out of their will or trust, with some exceptions for minor children or those with disabilities.
Levy says clients approach him for a variety of reasons, including:
Ongoing financial dependence of adult children
Unresolved family conflictsFailure to repay loansCriminal or legal issuesLack of involvement or support in a parent’s life
“Every family situation is unique,” Levy said. “There are many reasons someone may make this decision.”
What to Know About Disinheriting a Child: Legal Considerations for Estate Planning
Balancing Fairness and Need
In some cases, disinheritance isn’t about conflict, but about fairness.
Levy notes that some parents choose to distribute assets based on need — especially if one child is financially secure while others require more support.
Others may feel disconnected from a child who has not maintained a relationship or provided care later in life.
Why Proper Documentation Matters
If a parent decides to disinherit a child, it must be done carefully and legally.
“This isn’t something you can do with a verbal promise or a note,” Levy said. “It needs to be clearly outlined in a properly executed will or trust.”
Without formal documentation, the decision could be challenged or misinterpreted.
One of the most common mistakes in estate planning is failing to align all financial accounts with the intended plan.
Even if a child is excluded from a will, they could still receive assets if they are listed as a beneficiary on:
Life insurance policiesBank accountsInvestment accounts“If they’re named as a beneficiary, they may still receive those funds — regardless of what the will says,” Levy explained.
What to Know About Disinheriting a Child: Legal Considerations for Estate Planning
Planning Ahead
Levy encourages individuals to take a thoughtful, comprehensive approach to estate planning, especially when making complex decisions.
Working with an attorney can help ensure that documents are clear, legally sound, and aligned with a person’s wishes.
Getting Started with John Levy
Levy offers consultations to help individuals understand their options and create estate plans tailored to their needs.
While conversations about inheritance can be difficult, experts say having a plan in place can provide clarity and peace of mind for both individuals and their families.
