Ask The Lawyer By: Daniel A. Gwinn, Esq. -Can I Disinherit My child?
This week’s question: CAN I DISINHERIT MY CHILD? QUESTION: I am 92, and am not in good health. Although I have a will, it was prepared several years ago and divided up my estate between my three adult children. I would like to divide my estate among two of my three children. I do not want my third child, now 65, to receive a penny from me. He is an alcoholic and addicted to gambling, and I know where my hard-earned savings would go. How can I cut my son out of my will?
ANSWER: You can cut your son out of your will by revising your will and clearly stating your intention to leave your son nothing. However, that may not be enough to ensure he does not receive anything from you after your death.
If, for instance, your son is a joint owner with you on any property, that joint ownership will have precedence over any provision you make in your will. In addition, current Michigan law provides that a decedent’s children, jointly, (if there is no surviving spouse) can take a share of “exempt property”. Exempt property includes such items as household furniture, furnishings, appliances, automobiles, and personal effects. The exempt property amount in 2016 is $15,000.
You may want to review your entire current estate plan, including your will, to ensure that it best meets your wishes.
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
GWINN TAURIAINEN PLLC, is a Troy based law firm representing clients from Warren, Sterling Heights, Ferndale, Royal Oak, Oak Park, Oakland and Wayne Counties and all of Southeast Michigan.
ASK THE LAWYER
By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law
GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
[email protected]
www.gwinntauriainenlaw.com
