Legal Question in Wills and Trusts in Florida

How can you legally disown a child so they may not contest a will


Asked on 4/15/11, 1:25 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

If the child is an adult, a parent may disinherit the child by specific language in the will. If the child is a minor child, a parent is responsible for support, generally until the child attains adult status. If there is no will, a child will be entitled to a share of the estate, depending on number and relationship of heirs. Any party may contest a will, but an adult child who is specifically disinherited will have the burden of proof to show he/she is entitled to a share which can be difficult.

Read more
Answered on 4/15/11, 2:28 pm

You can disinherit a child if you specifically provide for in a Will, showing it to be your intention. However, in Florida you cannot prohibit them from contesting a Will. It doesn't mean they win, only that they can't be prohibited from attempting to enforce whatever rights they may have.

Also, if assets do not go through probtate, the child would also not receive. Such as jointly owned property, accounts either ITF, ATF, POD or TOD, etc., may also be placed outside a child's reach.

If a child is a minor, under 18, then other rules may apply.

To attempt to do this correctly, you need to consult with an attorney.

Read more
Answered on 4/15/11, 3:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida