Avoiding A Mistaken Disinheritance – 3 Situations
Situation 1: Blended families.
If you are previously married and have children, you'll want to pay special attention to your estate plan
if you're planning on remarrying. In some situations you may leave your children less than you had
intended because of your new spouse's rights to inherit at least some of your property. In many blended
family situations the spouses can agree to make mutual wills that detail how marital assets will be
distributed to the family, or use prenuptial agreements to waive any right to inherit a spouse's property.
Situation 2: Gifts to specific people.
When you create your will you may sometimes make specific provisions that give a gift to a specific
person, such as a child or relative. If that person then dies before you do, this may lead to an
unintended inheritance. For example, if you leave an inheritance to your brother but your brother dies
before you do, the specific gift you leave to him will not necessarily pass to his children even though
that may have been what you wanted. To avoid this problem you can create specific clauses that
address what will happen if someone predeceases you.
Situation 3: Specific gifts.
If you have made a will that leaves specific property to people, this can also lead to an unintended
disinheritance if you no longer own that property when you die. For example, let's say you have a will
in which you leave one child a cash inheritance and leave your home to your other child. If you sell
your home before you die and do not change the will, your second child may be left out of an
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