Estate planning is typically used to pass assets to loved ones and charitable organizations, ensuring your wishes are followed after you pass away. In some cases, though, at least one estate planning goal is to prevent a specific individual from inheriting from your estate. Whether due to strained relationships, personal history, or other reasons, you may wish to make sure someone receives nothing from your estate. If you are planning your estate in New York and want to exclude someone, simply leaving their name out of your Will or trust is not enough to achieve your goal. You must take clear, legally sound steps to ensure your intentions are honored. Toward that end, the attorneys at Eghrari Wealth Training Firm discuss how to disinherit someone from your New York estate.
What Happens If You Die Without an Estate Plan in New York?
If you pass away without a valid Will or trust, your assets will be distributed according to New York’s intestate succession laws. These laws determine who receives your property based on familial relationships, meaning that personal intentions or verbal instructions will not be taken into account. This can result in someone inheriting your assets even if that was not your desire. For example, under New York’s intestate succession rules:
- If you are survived by children but no spouse, your children receive the entire estate.
- If you leave a spouse but no children, your spouse inherits everything.
- If you leave both a spouse and children, your spouse receives $50,000 and half the remaining balance, with the rest divided among your children.
- If you leave parents but no spouse or children, your parents inherit your estate.
- If leave behind siblings, but no parents, spouse, or children, your siblings receive your estate.
If the individual you intend to disinherit falls into one of these categories and you have no enforceable estate plan, they could inherit by default. That is why relying solely on the assumption that your wishes will be known or respected can lead to unintended outcomes.
Why Omitting a Name May Be Insufficient
It might seem logical that leaving someone out of your Will would effectively disinherit them. In practice, though, that omission may create confusion or trigger a legal challenge. If a potential heir is left out without a clear explanation, they could claim you forgot to include them or that you lacked the capacity to make decisions when creating your estate plan. They could also make the legal argument that someone else exerted undue influence over you. If a court finds any merit in their argument, it could overturn your wishes and lead to expensive, drawn-out litigation. Not only can this delay the administration of your estate, but it can also reduce the amount your intended beneficiaries ultimately receive due to legal fees and court costs.
How to Effectively Disinherit Someone in New York
If your goal is to ensure that a particular person receives nothing from your estate, the best way to accomplish that is through a direct and unambiguous statement in your estate planning documents. Naming the individual specifically and clearly stating your intent to disinherit them is essential. For example, you may include a clause such as, “I have intentionally chosen not to leave anything to my daughter, Jane Smith, and she is to receive no part of my estate.” By keeping the language straightforward and neutral, you reduce the likelihood of legal challenges. To ensure that your wishes are followed, it is crucial to work with an experienced New York estate planning attorney to ensure that your Will or trust is drafted in accordance with state law and structured in a way that minimizes the chance of successful contests.
Can You Disinherit a Spouse in New York?
Although most family members can be excluded from inheriting, the law treats surviving spouses differently. Under New York law, a spouse cannot be entirely disinherited through a Will or trust alone. Even if your estate plan leaves your spouse nothing, they may still claim their “right of election,” which entitles them to $50,000 or one-third of your estate, whichever is greater. This right is available even if the spouse is not named in your Will or trust. The right of election applies to both probate assets and some non-probate transfers, such as those made shortly before death. If your spouse elects against the Will, they can receive this statutory share regardless of your stated intentions. The only way to avoid this outcome is by entering into a legally binding prenuptial or postnuptial agreement in which your spouse waives this right. Without such an agreement in place, your spouse retains the ability to challenge your estate plan in court and claim a portion of your assets.
Do You Need to Disinherit Someone from Your New York Estate?
For more information, please join us for an upcoming FREE seminar. If you would like help making sure that someone does not inherit from your New York estate, contact the Long Island estate planning attorneys at Eghrari Wealth Training Firm by calling us at 631-265-0599 to schedule your appointment.
5 Practical Approaches for Distributing Personal Property in Your New York Estate Plan
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