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Is It Possible to Disinherit Children and Spouses in Florida?


People consider disinheriting their children or spouses from their will for many reasons. For example, if you and your spouse are having marital problems, yet you both decide to remain lawfully married to each other, you might find yourself considering disinheriting them. Also, if you and your spouse are pursuing divorce, you might consider disinheriting them. On the other hand, parents choose to disinherit their children when they lack a relationship with them or can’t agree with them about lifestyle choices.

Fortunately, or unfortunately, it is quite difficult for you to disinherit your spouse in Florida. On the other hand, whether or not you can disinherit a child depends on their age.

Is It Possible To Disinherit a Child in Florida?

You have the right to disinherit adult children in Florida and are under no legal obligation to leave them any inheritance. However, any vagueness in your will can create room for contention. Therefore, it is crucial that once you decide to disinherit your adult child, you engage the services of an expert who can help you make the disinheritance clear in your will.

On the other hand, Florida law prohibits parents from disinheriting minor children. Florida’s homestead laws prohibit you from leaving your estate to another person when you have a surviving minor child or spouse. Upon death, your spouse will inherit the estate for the remaining part of their life, and then it will later go to any child that was a minor at the time of your passing. Florida put this law in place to ensure decedents do not disinherit their dependents. To further protect minor children, Florida law considers those children born or adopted after a will has been created, whose names are not included in the will as being entitled to the deceased’s estate.

Is It Possible To Disinherit a Spouse in Florida?

Under Florida law, it is extremely difficult for an individual to disinherit their spouse. However, even though it is difficult to disinherit a spouse, it is legally possible. To legally disinherit your spouse, both of you must agree that they will not receive any inheritance from you after you pass. However, it might be challenging to convince your spouse to agree to receive nothing. If you convince them, you must stipulate the agreement either in a pre or postnuptial agreement.

Because convincing your spouse to agree to receive nothing after your passing is difficult, you should work with a qualified attorney who can advise you accordingly. It is also crucial that you work with an experienced attorney because they can help uphold the agreement after your passing.

If you fail to disinherit your spouse, keep in mind that under Florida law, they are entitled to not less than 30% share of your estate when you die without specifying the percentage they are to receive. On the other hand, if you do not leave a will, your spouse will get between 50-100% of your estate.

Allow Joyce A. Julian, P.A. To Help You Today

If you need more information on the laws governing the disinheritance of family members, contact the Fort Lauderdale family lawyers at the office of Joyce A. Julian, PA., today to schedule a consultation.





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