Around 14% of Americans are counting on an inheritance. Unfortunately, some may never get one, as only 32% of Americans plan to leave an inheritance of any size.
That’s why it’s a big red flag when someone factors in funds they’ll likely inherit into their financial plan. They’re essentially spending money that isn’t theirs. If the gift doesn’t pan out, it could lead to major problems.
Let’s say, for example, that Patricia was planning to leave $6 million to her sister, despite knowing that the money would ultimately end up in the hands of Ryan, the sister’s son and Patricia’s nephew. Patricia had no other close family, so this seemed smart.
Thanks for subscribing!
Take control — get our free newsletter.
By signing up, you accept Moneywise Terms of Use, Subscription Agreement, and Privacy Policy.
Now, though, Patricia’s sister has died, and Patricia is rewriting her will so Ryan gets nothing. Patricia doesn’t like Ryan’s greedy wife, or the fact that the couple lives with a sense of entitlement and already spends like they expect a big windfall.
Patricia plans to leave Ryan and his wife nothing, but she can’t decide whether to warn them so they can adjust their financial habits or leave them to deal with the fallout when they find out they’ve been disinherited.
Several experts have weighed in to help her decide.
There are benefits to announcing in advance
Patricia has full rights to leave her money to whoever she wants. That includes the right to disinherit Ryan. She’s also under no obligation to inform him early, and she’ll need to carefully weigh the pros and cons of alerting him.
“There’s no one-size-fits-all answer,” Rachel Schromen, an elder law attorney at Schromen Law, LLC, told Moneywise. “A person is generally not obligated to tell a relative they’re disinheriting them, but there can be meaningful benefits to explaining your decision while you are alive.”
Schromen explained that those benefits could include giving Patricia a chance to explain her reasoning and reducing the chance her intentions are misunderstood. In this case, it could also save Ryan from building his financial footing on shaky ground. Letting him keep spending as if he’ll inherit could leave him in a really tight spot.
“Doing it now is a kindness you’re providing,” Anna Blood, a family law attorney and founder at Blood Law, PLLC, told Moneywise.
Must Read
- Jeff Bezos backs a platform that lets anyone invest in rental homes for as little as $100 — 6 ways to build wealth like a landlord without actually being one
- The tax breaks in Trump's 'big beautiful bill' expire after 2028. Here are 4 moves to make before the window closes
Patricia’s wishes are more likely to be followed if she shares them
Of course, since Patricia views her nephew as entitled and his wife as greedy, she may not care if they are hurt or resentful when they find out. She may also not be too worried about the fact that they’re making bad financial decisions based on their plans for her fortune.
If Patricia doesn’t care about the courtesy of a warning, there’s still another reason to share.
As Lisa McCurdy, an attorney and founder of The Wealth Counselor, LLC, pointed out, telling Ryan in advance could reduce the chances of a claim that Patricia was “confused, pressured, or unduly influenced” when she disinherited him.
If he could prove that undue influence or another issue arose when she created the will, Ryan could argue in court that Patricia’s updated will shouldn’t be upheld. This could lead to estate litigation and potentially to Patricia’s instructions not being followed.
“If you disinherit someone, you risk the person challenging your estate plan,” warned Allison Harrison, founder of ALH Law Group. “If you have not adequately addressed the disinheritance in the estate plan, they may win on a challenge.”
Of course, Blood warned that “telling someone beforehand doesn’t eliminate their legal right to challenge.” They can still challenge the inheritance.
That’s why Harrison strongly advises that you should talk with your estate planning attorney on how to best protect your wishes from a challenge.
“This may include having a written explanation on why they’re disinherited, executing identical wills spaced apart to show clear intent, or other strategies that experienced estate attorneys utilize in an attempt to thwart any challenges later,” Harrison said.
Patricia should take this advice to heart. If she’s committed to disinheriting Ryan, she must have the right plans in place to do it. It’s up to her whether she tells him, but the important thing is making sure her wishes are honored and her legacy secure.
You May Also Like
- Dave Ramsey warns nearly 50% of Americans are making 1 big Social Security mistake — here’s what it is and 3 simple steps to fix it ASAP
- A single line on your car insurance policy could be inflating your premium by up to 30% — here's what to change
Christy Bieber is a US based personal finance and legal writer who has 15 years of experience. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
