Can You Disinherit an Adult Child in Florida?

In a recent case, Pawley v. Estates of Wallace, the Florida Third District Court of Appeals rejected a man’s attempt to challenge the wills of his late parents, who died in 2019 and 2020, respectively. Both wills disinherited the man, meaning he received nothing from either of his parents’ probate estates. The reason for the disinheritance was quite simple, according to the Third District: the parents changed their wills shortly after their son’s 2013 conviction for attempted-first degree murder.

Now, most Florida residents will not face a decision on whether to disinherit a child for being a convicted felon. But there are many other reasons why a parent may wish to exclude a child from their will or trust. So are there any rules or restrictions when it comes to disinheriting an adult child in Florida?

No Forced Heirship in Florida

The short answer is “no.” While minor children enjoy certain protections from forced disinheritance, particularly with respect to homestead rights, Florida does not impose any sort of “forced heirship” when it comes to adult children. A parent is free to disinherit an adult child for any reason, even one that is not publicly stated. The only notable exception is where the parent previously agreed to provide for a child in their will under a prenuptial agreement, divorce settlement, or similar contract.

It must be emphasized, however, that in order to properly disinherit a child the parent needs to execute a valid last will and testament making those intentions clear. Absent a valid will, a child does have the right to inherit from their parent’s estate, regardless of the nature or quality of the relationship the child had with that parent. The law does not automatically disinherit a child just because they are estranged from the parent.

Here, too, there is a notable exception. Under Florida’s “Slayer Statute,” a survivor cannot inherit from a person they unlawfully and intentionally killed or procured the death of. In other words, if a child murdered their parent, that child cannot then inherit from the parent’s estate. This rule applies regardless of whether or not the parent had a will. In either case, the law acts as if the child predeceased the parent.

Can a Disinherited Child Contest My Will?

As the Pawley case mentioned above illustrates, a disinherited child may attempt to contest a parent’s will. Such challenges are rarely successful. Florida law only provides narrow grounds for contesting a will. The son in Pawley argued his parents’ wills were the result of “undue influence” by other family members. While that is a valid ground for contesting a will in Florida, the Third District said there was simply no evidence supporting the son’s allegations.

Contact a Sarasota Wills & Probate Lawyer Today

Many people put off making a will because they do not want to address potential complications with respect to family members. But it is important to make your wishes known, and legally binding, before it is too late. If you need to speak with a qualified Sarasota wills and probate attorney, contact Suncoast Civil Law today at 941-366-1800 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=17484153760309535151