You can disinherit someone in your will in Oklahoma, but you have to be clear about what you want. You also have to follow Oklahoma laws and procedures for altering your will. Failing to do it correctly could mean you are unable to disinherit the person you want to. Also, if that person is your current spouse, there may be things you cannot disinherit them from. Understanding all these nuances can seem tricky on your own, but you can get the advice and assistance of experienced legal counsel.
The experienced estate planning lawyers at Brune Law Firm know that who inherits is important to you. You worked hard for the assets you’ve accumulated and you want them distributed to the right people. We can help you plan your estate accordingly.
What Does “Disinherit” Mean?
To disinherit someone means to intentionally exclude them from receiving any portion of your estate. This can apply to:
- Adult children
- Relatives such as siblings or parents
- Other expected heirs
Simply omitting someone’s name from your will is not enough. Courts may interpret silence as an oversight. Instead, you must explicitly state your intent to disinherit that person.
Oklahoma Law on Disinheriting
Children and Other Relatives
- Oklahoma law allows you to disinherit children and other relatives.
- To avoid disputes, clearly name who you want to disinherit. State you are doing so intentionally.
- With clear language, the will could get challenged in probate court, leading to serious delays and added costs.
2. You Can’t Fully Disinherit Spouses
- Oklahoma protects surviving spouses through elective share laws.
- Spouses are entitled to their statutory portion of the estate, even if you will tries to exclude them.
- This keeps spouses from being destitute after their spouse passes.
3. Pretermitted Heirs
- A “pretermitted heir” is a child born or adopted after the will is executed.
- Unless you specifically disinherit this child, they can still inherit under state law.
How to Properly Disinherit Someone in Oklahoma
To actually disinherit someone effectively, you should:
- Be Clear: Identify the person you want to disinherit by name. Specifically say you intend to disinherit them.
- Keep the Estate Plan Updated: Do a review of your estate plan after big life changes, such as a divorce, new marriage, etc.
- Avoid Ambiguity in Your Documents: Don’t use vague words in an attempt to be kind. Use concise and clear language to disinherit someone.
- Use Trusts for More Flexibility: Trusts can often give you more power over the assets, rather than constantly modifying your will when things change.
- Work With an Attorney: Estate planning lawyers ensure compliance with Oklahoma statutes and minimize risks of litigation.
What Happens If I Disinherit Someone Incorrectly?
If you don’t disinherit someone the right way, it could lead to:
- Legal Challenges: Disinherited heirs may contest the will.
- Probate Delays: Disputes can extend probate proceedings.
- Unintended Inheritance: Courts may award assets to someone you intended to exclude.
Alternatives to Disinheritance
Sometimes, outright disinheritance is not the best option. Consider:
- Conditional Gifts: Leaving a smaller inheritance with conditions.
- Trusts: Directing assets to specific beneficiaries while limiting access for others.
- Life Insurance or Beneficiary Designations: Passing assets outside of probate to chosen heirs.
Set a Consultation With an Oklahoma Estate Planning Attorney
Avoiding probate is a smart way to handle your estate planning. It utilizes legal tools to maximize your assets and make things easier for your beneficiaries. You can design it to more smoothly pass on your assets to the ones you care about the most.
Let the experienced lawyers at Brune Law Firm work with you to create a customized estate plan that fits your needs and avoids Oklahoma probate. Contact us today for a consultation.