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A guide to disinheriting heirs

Whatever the reason, it is possible for a person to disinherit an heir in New York. It is usually done as part of a will or estate planning process. However, not every heir can be disinherited and even if it is done legally, some heirs will not be satisfied and may fight the estate after the person's death. It can be a sticky situation, which is why it must be done properly to avoid issues in the future.

According to CNBC, there are some ground rules for disinheriting a person in a will. It is against the law to remove inheritance rights from minor children or a legal spouse. Even if such wording in is a will, it will not stand up in probate court. Adult children, though, can be left out of a will. Specific language should be used to make it clear leaving this child out of the will was intentional or the court could see it as an oversight.

The Balance notes disinheritance is taken very seriously and may cause rifts in a family, especially if it was not foreseen or if the language used in the will is harsh. There are some steps a person should take to avoid conflict. A person might consider a beneficiary who has the right to remove the disinheritance. This could be done by setting up a trust that could be used for the disinherited person if the beneficiary deems it okay. Also, people should update their wills often. Feelings and situations change. It would be unfortunate for a person to disinherit someone only to change his or her mind later, but then not change the will before it is too late.

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