Florida Probate FAQ: Can a child be disinherited? (disinheriting children, heirs & next of kin from probate estate & family money)
Can your parents disinherit you? Or are you entitled to a share of their estate? These are questions which many adult children ask a Probate Litigator Palm Beach when they have learned that their mother or father has died—-and they did not have a close relationship with them. If you want to see an online Florida probate video on disinheriting your children, heirs and next of kin, the link is below.
Are you entitled to an inheritance?
- No one is entitled to an inheritance
- No child is entitled to a share of their parent’s estate or probate
- But there is one big probate exception when talking about Florida estates
- If a person dies without a will, what estate lawyers Delray Beach call dying “intestate“, heirs do inherit
- Whe a person dies without a will in Florida, that is called intestacy
- There are intestacy statutes in the Florida probate code
- But understand, if a parent hires an estate planning lawyer Palm Beach Gardens to complete an estate plan, then you can be disinherited
- Under Florida estate law, a person can leave their property to anyone or anything they want as long as they are competent and there’s no undue influence
- That means that your rich father who retired to Jupiter, Florida can leave millions of dollars for his dog, in a Florida pet trust, and leave you zero
- That means that if he had a will or a revocable trust, you are not entitled to inherit
- The only exception on Florida disinheritance law is a widow when there is noprenuptial agreement, or waiver of inheritance rights or homestead when there are minor children. A spouse or a widow in Florida has LOTS of inheritance rights, whether or not there is a revocable trust or a will…..EVEN when the will leaves everything to someone else. A spouse, unless that widow had waived their inheritance rights, gets a guaranteed inheritance of at least 30% in Florida estates
- Here is the link to the free Florida probate video on disinheriting children, heris and next of kin: http://www.youtube.com/watch?v=_OTE71oDuBY&feature=youtu.be