Disinheriting a family member is a decision that can have significant personal and legal implications. The process involves explicitly excluding someone from receiving any part of your estate after your death.
Rights of spouses
Alabama law protects spouses from getting completely disinherited. Even if you attempt to disinherit your spouse, they can claim a portion of your estate through a process called the “elective share.” The share typically amounts to one-third of the estate, regardless of the provisions in the will. This protection ensures that spouses are not left without support after a partner’s death.
Rights of children
Disinheriting children in Alabama is more straightforward than disinheriting a spouse. You can choose to leave your children out of your will if you explicitly state your intention to do so. However, minor children have the right to support. The state ensures that minors receive necessary care, which can limit the ability to disinherit them completely.
Creating a valid will and revoking or updating it
To legally disinherit a family member, you must have a valid will. A will isn’t valid in Alabama until it’s written, signed by you, and witnessed by at least two individuals who are not beneficiaries.
Life circumstances change, and so might your wishes regarding your estate. You can revoke or update your will at any time. You can do this by creating a new will or adding an amendment, known as a codicil.
Making informed decisions
Disinheriting a family member is a personal choice that involves careful consideration and clear communication. While Alabama law provides the framework for making these decisions, ensuring that your intentions are clearly stated in a valid will is crucial.