Estate planning decisions often involve troubled family relationships, which may lead a parent to leave a daughter out of a will. In this article, you will find out whether it is possible to leave a daughter out of a will in Florida.
Can I Cut My Daughter Out of My Will in Florida? – The Verdict
Florida law permits a parent to cut an adult daughter out of a will. You are not obligated to leave any assets or money to an adult child through a will. Please note that leaving an adult child out of a will requires attention to detail.
While an adult child may not inherit through the will, you must identify whether that child is designated as a beneficiary to other assets. If the person is named in a trust instrument, retirement accounts, or other non-probate assets, the person may inherit outside of probate.
If you do not leave a will, your surviving spouse and children will automatically inherit from your estate under Florida intestacy laws. Please note that both adopted and natural children are entitled to intestate shares.
Additionally, disinheriting an adult child requires the use of clear language in the will.
Working with a seasoned Florida attorney to update your will is fundamental to ensure your wishes will be carried out as you want upon death, especially if you have other children after the will is ready.
Disinheriting a Child in Florida – Legal Protections for Minor Children
Under Florida law, it is illegal to disinherit a minor child. Parents are legally required to take care of and provide for minor children until they reach the age of 18 years. Unless your daughter is 18 years old, you cannot cut her out of a will.
State law has several provisions to protect the inheritance rights of minor children, including:
- Homestead exemptions (Florida Constitution, Article VII, Section 6)
- Intestacy laws (Florida Statutes §732.101)
- Family allowance (Florida Statutes §732.403)
Do You Want to Disinherit Your Daughter in Florida? – Draft a Will that Reflects Your Wishes
If you want to disinherit an adult daughter in Florida, you must draft a valid will that reflects your wishes. A disinherited child often files a lawsuit to contest a will after finding out she is not part of the heirs listed in the document.
Any party interested in a will has the right to contest the document based on solid legal grounds. Execution mistakes, vague language, omissions, fraud, and undue influence may lead a Florida court to void a will in whole or part.
It is possible to leave an adult daughter out of a will and ensure she will be provided for using a trust. For example, it is possible to draft a trust instrument with specific instructions to avoid a beneficiary’s mismanagement of resources.
This is a valuable resource if the beneficiary struggles with addiction or other forms of self-destructive behavior. Work with an expert Florida attorney to identify your options and find a unique solution for your case.