My sister died without a will — and her horrible, abusive children got all her money. Could a strong estate plan have bypassed them?

Unfortunately, in some cases, intestacy laws result in your assets being distributed to people you definitely would not have chosen yourself. This could be the case, for example, if you are among the 10% of people who are estranged from a child.

Say, for example, that Tanya outlived her husband and has now passed away with several million dollars to her name. Because Tanya had no will, her money and property went to her children, as they were her closest living relatives. Unfortunately, her children were horrible and abusive to her, but still they ended up with a windfall Tanya definitely wouldn’t have offered if she’d had the choice.

The big question in this case is: could a strong estate plan have allowed Tanya to bypass her kids and do something else with the money? Experts say yes.

A strong estate plan provides the chance to opt out of default rules

Tanya had options to ensure her children didn’t inherit her assets, although she didn’t exercise them.

“When a parent has estranged children, there are ways to avoid them inheriting the estate if the deceased wants them to not receive anything,” Howard Krauskopf, practicing attorney and legal expert for Ask A Lawyer On Call told Moneywise. “The parent must execute a will that follows state laws and clearly states their desires.”

Krauskopf explained that while a will alone is usually enough to ensure the money and property go to the specific beneficiaries instead of estranged children, “adding disinheritance language strengthens and makes clear the intent.”

A proper estate plan doesn’t have to mean a will, though. “The other means is to have a trust prepared that also leaves the estate clearly to beneficiaries and a trustee who carries out the instructions,” Krauskopf said.

The key is simply to have some written, formal instructions in place after your passing.