Unfortunately, we do not all have picture-perfect families. Sometimes we may argue, fight, or even become estranged from our family members. When writing or updating your will or trust, what should you do if you have children you no longer speak with? Are you still obligated to leave money to your kids? How do you handle estranged children and estate planning?
Estranged Children and Estate Planning
Having estranged children can take an emotional toll on you. This bad relationship can affect much of your life, including estate planning. We work with our clients to help them establish an estate plan that works for them and their loved ones. Here are some questions our clients often ask us.
FAQs about how to handle estate planning with estranged children
- Am I required to leave equal amounts of money to each child?
- No. The law does not require you to leave equal amounts of money to each child. In fact, you don’t have to leave any money for one or more children. It is your money and assets, and the will or trust allows you to distribute your wealth as you wish.
- Can the child I left out of the will fight for what they think is rightfully theirs?
- Having a legally solid will or trust will help reduce the chances of a child gaining more money due to them contesting the will. But leaving them out without an explanation often leads to confusion and sometimes legal battles.
- Is there a way to ensure the child does not contest the will?
- Not completely. But you can add a no-contest clause into your will, which states that they lose anything you left for them if they lose the legal battle contesting the will. You may also leave a letter of explanation so the courts realize you were of sound mind when you wrote the will and the reason for purposefully leaving that child out of the will.
- Can I leave just a little money for one child and more for another?
- Yes. Even if you do not speak with your child, you may still wish to leave them some money. It is entirely up to you how much and why.
- Can I dictate the conditions for when or if my child will receive the inheritance?
- You may want to consider establishing a trust. There are various types of trusts to choose from, such as a spendthrift trust or an incentive trust. Establishing a trust gives you more control over how and when the money you left someone is distributed.
As you can see, several options exist for considering estranged children and estate planning. Working with an experienced estate planning attorney can ensure you have the right plan for you and your situation.
Oak Brook Estate Planning Attorney
An Illinois estate planning lawyer can help you write a will that will follow your wishes and pass your inheritance as you decide. To talk to a qualified attorney in the Chicago area, contact the Estate & Probate Legal Group at 630-864-5835.
AREAS WE SERVE: Cook, DuPage, Kane, Lake, Kendall and Will counties
