Unfortunately, rifts sometimes arise between family members. The result may be estrangement, defined as “the state of being separated or removed.” Estrangement does not mean that the relationship has come to an end legally, however. You may be surprised to learn that limited contact, or even the absence of any contact, will not have a major impact on the legal right of an estranged spouse or child to inherit from their family member, especially if there is no estate plan expressing an intention to disinherit them.

Estranged Spouse

Intestate succession statutes. If the deceased spouse did not have an estate plan in place, the surviving spouse is legally entitled to inherit from the deceased spouse as set forth in their state’s intestate succession law even if the spouses are estranged.

Pretermitted spouse statutes. Some states have another type of statute that is intended to protect a spouse who is unintentionally omitted from a will, for example, if the will was created prior to the marriage and was never amended to provide for the spouse. These laws typically provide that unless the will expresses an intention to disinherit the surviving spouse, the spouse will inherit the amount they would have received under the intestacy statute if the spouse had died without a will.

Elective share statutes. This type of statute allows a spouse to elect to inherit a certain percentage—often ranging from thirty to fifty percent—of their deceased spouse’s estate regardless of what the deceased spouse’s will says.

As a result of the intestacy and elective share laws, an estranged spouse is likely to be protected from complete disinheritance in the absence of other planning.

Estranged Child

As with an estranged spouse, if no estate plan is in place, a child will be able to inherit from their parent under the state intestacy statute, even if they have had no contact with their parent for many years. The estranged child may also inherit under some circumstances if their deceased parent created a will that does not provide for them. Many states have laws providing that if a child is unintentionally omitted from a will—for example, if the child was born after the will was created and the will was not updated to include them—the child should inherit the amount they would have received under the intestacy statute if the parent had died without a will. This protection will not apply if the parent’s will expressly disinherits the child.

Ways to Address Estrangement In Your Estate Plan

Those who do not want an estranged family member to inherit from them should create an estate plan that includes a will expressly stating that intention or a trust that does not include the estranged spouse or child as a beneficiary.

When someone wants to disinherit a child, their will should clearly state that intention. If the parent transfers their money and property to a trust, the child can simply not be named as a beneficiary of the trust.

We Can Help

One of the important goals of estate planning is to ensure that your wishes are carried out. If you want to prevent an estranged family member from inheriting from you, your estate plan needs to expressly state that intention. We can help you think through how to best accomplish your estate planning goals while also minimizing any further strife in your family. Give us a call today to set up an appointment.