What does it mean to disinherit someone?

To disinherit someone generally means that you wish to exclude them from receiving anything from your estate. This doesn’t mean your next door neighbor — unless, of course, you live next door to your parents or your siblings.

There are certain close relatives who are presumed to be “intended beneficiaries,” meaning that the state law assumes that you would want something to go to these people if you haven’t explicitly said what you want to take place. To disinherit someone means that you are affirmatively stating that you do NOT want that person to receive anything.

The easiest way to disinherit someone is to use your estate planning documents to confirm their existence and that you do not intend for them to receive anything. Something along the lines of acknolwedging them by name and intentionally excluding them as a beneficiary. Leave the exact drafting to your attorney; there may be reasons to include or exclude words for different reasons.

Sometimes people think that including a $1 gift or “token gift” would prove that they wanted to disinherit someone. This is not actually strategic because once someone receives anything, they become a “beneficiary” and they are entitled to certain documents and they have certain rights. Therefore, it is best to name and exclude (in general).

If you want to be sure that someone you’re related to does NOT receive your assets, you should speak to an attorney about the best way to do that.