Hi kief1117,
I'm sorry your family is such a source of grief to you.
The process you seek is called "disinheriting". Laws relating to
legally disinheriting a family member vary from state to state and
circumstance to circumstance. While I cannot give you specifics, I
can give you a general overview and point you to resources which can
help you find an attorney.
In general, to disinherit a family member (*except*, in most states a
spouse or a minor dependent child) one need only specify in one's will
that the person is to receive *none* of one's estate. You can
accomplish this by speaking to your attorney to either re-write your
will entirely or to have a codicil added.
There are several pages which briefly discuss disinheriting family
members:
"It's easy to disinherit anyone other than your spouse or a child. The
rule is very simple: anyone not mentioned in your will won't inherit
any of your property. But rules for spouses and children are somewhat
more complex."
Disinheriting Family Members
http://www.finalthoughts.com/rc_html/estate/tools/Will/DisinheritingFamilyMembers.asp
"Can I specify in my Will that I disinherit relatives I don't like?
Yes, you can disinherit anyone you like from your Will as long as your
state laws (that is the state laws of the state where you reside when
you make your Will) allow it. This usually means that you can
disinherit any distant relative, and usually even children. However,
some states provide that a spouse cannot be completely disinherited,
and you will want to look into the laws of your state on this point."
Frequently Asked Questions @ Easy Legal Forms
http://easylegalforms.com/faqs.htm#Can I disinherit relatives I don't
"What you can and can’t do with a will
Specific examples of what you can do with your will include:
[...]
Disinherit anyone you wish (except where state law curtails your right
to disinherit your spouse)[...]"
Legal And Financial Checkup
http://www.njc.org/fr/gifts_for_life/legal.html
Weblocator.com offers a site search which is helpful when seeking out
general information. Follow the link below, type "disinherit" in the
box, and click search to read a brief overview of inheritance laws in
several states:
Weblocator Search
http://www.weblocator.com/cgi-bin/swish-cgi.pl
If you have no attorney, Weblocator can help find one in your area:
Weblocator
http://www.weblocator.com/
Select your state, then add your city and select "Estate Planning" as
the area of practice.
As you are a legal adult, your family members have no particular
"right" to contact you, nor do they have any power over your assets
(unless a court has found you incompetent or has assigned guradianship
of you to one of your family members. If either of these applies,
you'll need to consult your attorney.) If you wish to cease
communications, simply tell them not to call or write to you, and not
to visit. Do not return calls or answer letters. This is usually
sufficient.
If they ignore your wishes and continue to contact you, you can
legally demand that contact cease by filing "no contact" (restraining)
orders against each individual you wish to terminate contact with.
This is done with the Clerk of Courts office, and is usually free of
charge (this varies by county, so check with your Clerk of Courts).
If you need help locating an attorney in your area or need to know how
to locate your local Clerk of Courts office, please let me know what
city and state you're in, and I'll be happy to assist you further.
--Missy
Search terms: [ "Legally disinherit" ] and [ disinherit "family
members" ] |
