Estranged Children And Your Estate Plan

According to the American Psychological Association, approximately 25% of all adult children become estranged from their parents. These estranged children pose distinct estate planning challenges, and many parents feel unsure of how to adjust their estate plans accordingly. Psychology Today states that adult children usually initiate these estrangements, making it difficult for the family to discuss estate planning steps together. Although this situation can be difficult, it is possible to create an estate plan that addresses the challenges of estrangement. To learn more about the next steps, consider speaking with an experienced estate planning lawyer in Florida. Dial (561) 677-8384 to continue this discussion with Loughlin Law, P.A.

What Are the Most Common Reasons for Estrangement?

According to the American Psychological Association (APA), there are a few common reasons for estrangement. Many adult children say that they have cut ties with their parents because of past experiences of abuse or neglect. Substance abuse is another issue that frequently causes children to become estranged. The APA notes that many families struggle with ideological conflicts, including those involving politics, religion, and gender identity. Many estranged children have divorced parents.

A parent may find it easier to create an effective estate plan once they understand the specific reason for estrangement. Many parents do not know why their children have cut ties, and it can be difficult to discover the underlying cause if these estranged children refuse to communicate.

Can I Disinherit My Children in Florida?

Although it is more common for adult children to initiate estrangement, parents may also decide to cut ties for various reasons. Sometimes, the decision to part ways is mutual. In this situation, parents may decide that it is best to “disinherit” or “disown” the estranged children. In other words, these parents remove their estranged children from their Wills or trusts. Parents who wish to do this must alter their Wills and trusts accordingly. Verbally informing an adult child that they have been disinherited is not enough. If the Will or trust remains unaltered, it may still distribute assets to estranged children.

Parents who wish to adjust their Wills and trusts to reflect the new realities of estranged children should consider speaking with an estate planning lawyer. Loughlin Law, P.A. may be able to help these parents remove estranged children as beneficiaries from Wills and trusts.

Can Still Leave Assets to Estranged Children?

Some parents may still wish to leave assets to estranged children, despite past arguments and rifts. Parents who choose this route do not have to inform their estranged children that they remain on Wills or trusts. For some parents, leaving behind assets may provide a sense of closure – and it may even serve as an apology.

Note that estranged children may choose to refuse their inheritances. In order to reject these assets, they must formally “disclaim” them. This process occurs during probate, and the beneficiary must file their disclaimer within a certain time after the passing of the decedent. So while parents can leave assets to estranged family members, there is no guarantee that these people will accept their inheritances. Sometimes, family rifts are so severe that estranged children want nothing to do with their parents – even if it means rejecting financial wealth.

Consider Why the Children Became Estranged

In order to adjust a Will or trust appropriately, parents should consider the core reason for estrangement. Various steps could help address distinct issues, such as marriage, addiction, and life choices.

I Disapprove of My Child’s Marriage: How Should I Alter My Estate Plan?

Parents may sever ties after their adult children choose poor marital partners. This spouse might be abusive, rude, or financially unstable. Many parents fear that these in-laws will eventually get their hands on the family fortune. According to Florida law, inheritance is “separate property” during a divorce. In other words, an adult child who inherits assets during marriage should get to keep these assets – even after divorce.

However, their spouse may still get access to the inheritance in various ways. Assets may become “commingled” during marriage, for example. If divorce never occurs, the spouse may also access the inheritance to fund disastrous business ventures, substance abuse, and other wasteful endeavors. In this situation, parents may choose to completely remove the estranged child from the Will – ensuring that their spouse can never access the family fortune.

My Child Has Problems With Addiction: Should I Change My Estate Plan?

If estrangement has occurred because of addiction, a parent may choose to adjust their estate plan in various ways. Although it is possible to simply remove the estranged child from the Will, parents may also consider more complex options involving trusts. With an effective spendthrift trust, a parent can provide the estranged child with gradual distributions. This prevents the adult from wasting the entire family fortune on addictive behavior – but it still provides some level of financial security.

I Disapprove of My Child’s Life Choices: How Can I Adjust My Estate Plan?

Many parents wish they could convince their estranged children to change their ways. The rift may have occurred due to various life choices, perhaps involving religion, politics, careers, criminal behavior, and so on. Even if parents fail to steer their children in a different direction during life, they may still influence them after death. Money can be a great motivator.

Estranged children may have to satisfy various conditions before accessing trust assets. For example, a parent might instruct a trustee not to distribute assets until an estranged child has completed a university degree or a drug rehabilitation program.

Consider Your Estate Planning Options With Loughlin Law, P.A.

Estrangement can occur in many different ways. Sometimes, adult children sever ties with their parents. In other situations, the parents initiate this estrangement. People also become estranged for many different reasons. Examples include divorce, addiction, career choices, and criminal behavior. These varied factors highlight the need for personalized legal assistance when creating an estate plan in a family with estranged children. While online research may offer broad guidance, an estate planning lawyer in Florida may be able to take into account the complex circumstances of each family. To learn more about how estranged children might affect an estate plan, consider contacting Loughlin Law, P.A. at (561) 677-8384.