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Cutting A Beneficiary Out Of Your Will- To Tell Or Not To Tell

If you’re in the sunset stage of your life, you might spend a significant amount of time thinking about the legacy you want to leave. One clear way to leave a last message for the world is by creating your last will and testament. A will serves a variety of purposes, but it is most known for distributing a deceased person’s assets to their beneficiaries. But as you may have learned by this point in life, what you don’t say can often be as important as what you do say. Removing or omitting a beneficiary from your will can be a final way to get your point across and use those resources towards something closer to your heart. If you aren’t the most confrontational person, you might not want to inform that person that they are not in your estate plan yourself, and rather let them find out at the will reading. This can create a burden for your executor and other beneficiaries, and even lead to disputes in probate court that delay distribution of your assets and cost your loved ones in attorney’s fees. Read on for more information about the decision to tell or not tell someone who might expect to be in your estate plan that they will be excluded. If you want to schedule your free consultation with a Gilbert estate planning lawyer, free of charge, call 480-470-1504.

What Could Go Wrong If You Avoid The Conversation

Your average friend or neighbor doesn’t need an extensive explanation if you choose not to include them in your will. But there are certain people who might have a valid in probate court if they are excluded from your will. If you have ever divorced or remarried, there could be questions about if you updated your will to align with your wishes. For example, if you were married once, got divorced, updated your will after the divorce, and got married again, there could be a legitimate issue if you didn’t update your will again after your second marriage. Additionally, your spouse might have rights to property you wish to distribute in your will. Arizona is a community property state, so all assets acquired during the marriage are considered part of the community estate. If you’re married, you should consult with a knowledgeable attorney before creating an estate plan to distribute your assets. Your Arizona estate planning and divorce lawyers can answer questions you may have about which property is yours to give away.

Issues could also arise if you welcomed any new children into your family after creating your estate plan. You can use general wording to avoid these types of issues- for example, you can leave a stock portfolio to be divided equally between your children instead of leaving it to Bob and Sue, leaving open the possibility that your family may eventually welcome a little John or Mary.

Telling The Person Yourself… After You Pass Away

If you’re seeking a compromise between having an extremely comfortable conversation and leaving the mess for your loved ones to clean up, you can get creative while drafting your estate plan. You can make an omission clear with the wording of your will itself- for example, “I leave all the funds in my bank account to my son Bob, and none to my daughter Sue, because she was a disappointment.” But this can make you seem harsh and cold to loved ones you might not want to remember you that way. If you don’t want to directly state an omission in your will, you can include a supplement that makes your intentions clear in a separate document. You can record a video to be showed at your will reading or individually and privately after your passing. You can convey your message exactly as intended with a video supplement, but this could be just about as unpleasant and stressful for you as telling the person directly. A letter can be just as clear without the pressure to get yourself ready and maintain your composure for the filming of an entire video. Discuss your supplement with your lawyer to make sure it is clear and does not invalidate any other portion of your estate plan.

What Is A No Conflict Clause?

A no-conflict clause can be used in an estate plan to reduce the risk of probate disputes after the testator passes away. A no-conflict clause disinherits anyone who contests your will. So if you have a no-conflict clause in your will, and someone believes they should have been included or that they did not receive enough, bringing a dispute in probate court will automatically disqualify them from receiving any inheritance from your estate plan. The court might ignore the no-conflict clause if the person had a good faith reason for pursuing the dispute- that’s why you should make sure your estate plan leaves nothing up for interpretation.

Leaving It All To Charity

Maybe you outlived your friends and all your children and grandchildren are ingrates who don’t need any more financial support from you. Or maybe the person you’re seeking to disinherit is the only loved one you have who would truly be impacted by being your beneficiary. There will be fewer questions about your intentions in your estate plan if you simply leave all of your assets to charity. Here, you might want to tell the people you aren’t actually seeking to disinherit so they are not shocked by “being left out of the will.” You can also use Arizona trusts, gifts, and other instruments to find ways besides your will to provide for them during your lifetime. Discuss the idea with your estate planning attorney to protect against disputes and minimize reduction to your estate through tax liability and attorney’s fees.

Modifying An Existing Will

If you want to exclude someone who has already been written into your estate plan, you will either need to revoke your will and start all over with a new one, or execute valid modifications to your estate plan. A will can be changed without being entirely revised with a document known as a “codicil.” An estate planning attorney can oversee the process to ensure your codicil is properly witnessed and verified, and that the rest of your will remains intact.

Start The Estate Planning Process With Our Dependable And Experienced Law Team

What happens after you pass away might not technically be your problem. But you probably don’t want your loved ones to fight delays and waste their inheritance on attorney’s fees because someone you intended to disinherit challenges the will during the probate process. Putting in a little extra effort during the estate planning process can save your loved ones stress and headaches that can occur due to probate disputes when they will already be dealing with grief from your death. Our Arizona law lawyers will also help you navigate tax issues and other laws so your assets can be distributed as efficiently as possible. From emotionally charged topics to complicated legal matters, our estate planning lawyers are prepared to meet your needs. Get started today with your free consultation by phone at 480-470-1504.

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