Disinheritance and Estate Planning in Forest Acres
If you set up a will or trust early in your life to provide for your family after your death, you may worry that you cannot change the document in the event of a divorce or disinheritance. However, estate planning law allows you to work with an attorney to change your mind on part or all of your estate planning documents.
Even complicated legal estate planning like trusts – living or irrevocable – can be changed, although the process might be complex.
South Carolina Estate Planning for Disinheritance
If you go through a divorce and your spouse is named as the primary inheritor of your finances or property, the divorce automatically nullifies this and your estate will go to your children or next immediate family member. However, while you can state disinheritance clearly in your will or trust by naming names of family members, including children, you cannot disinherit your current spouse.
Without specifically disinheriting them in your will or trust, your children will receive between 50% and 100% of your property or money. This will be decided in probate court. If you do not wish your children to receive your money or property, and instead want property to go to another individual, you must create a will or trust to specifically state this wish.
I Want a Specific Person to Inherit My Property, What Can I Do With Estate Planning for This?
If you need to be specific about the inheritance of your property or finances, estate planning with either a will or trust can do just that. There are many details of wills and trusts that can help you, but the information may be difficult to sort through on your own. The South Carolina estate planning attorneys at the Strom Law Firm can help. We offer a free consultation to discuss your needs and wants, so contact us today.