Keeping Relatives From Inheriting

**jasgal** · 06-25-2009, 04:25 PM

Heres my problem. I have a horrible family. There is only my daughter who I want to receive anything. I also do not under any reason want my son or sister to have a single penny or be allowed near my funeral. AT ALL!!! I have been with my boyfriend for 10 yrs and we do not plan to marry. The house is in my name only. i have spoken with my daughter and boyfriend and shared with them my wishes. My Daughter get my car, personal items. My boyfriend get my house, 401K, life insurance ect. since we have built our life around being together. What is it that I need to do to protect my wishes? My mother is also not allowed anything. My family has stolen enough from me in the past to make up for what they are supposed to have. And I can not stress how much it bothers me to think they will show up to the funeral.

Anyone have any advise that I can use. I live in California

**Scott67** · 06-25-2009, 05:02 PM

While this is fairly straight forward, since you want to ensure that close family members do not get anything, I would consider it worthwhile to have an experienced estate attorney put your will together for you. Since you know what you want, if you write it down and take it to the attorney, you can minimize your costs, since it will take less of the attorney's time to interview you, discuss options, etc. You still should do these things, but it won't take as long and you are ultimately billed based on the time it takes the attorney.

The problem is that close relatives can contest the will no matter how ironclad you make it, if they are willing to put out the money to do that. That doesn't mean they win, but it means assets of your estate are used to defend against their contesting. One way to counter that is to leave them something substantial (not the old $1 routine), but small in comparison to the size of your estate, carrying the provision that any heir who contests the will forfeits their inheritance. That makes them face losing the inheritance AND encountering legal fees to contest, if they choose to contest.

I'm not recommending this for you since you want them to get absolutely nothing. But, it is one of the things you can discuss with your attorney along with writing it so ironclad that a reasonable person wouldn't waste the money to contest it.

**jasgal** · 06-26-2009, 02:09 PM

Thank you so much for the information. I know its sad when you have to protect yourself from your own family.

**aaron** · 06-26-2009, 03:46 PM

Unless you're in Louisiana (which has peculiar 'forced heirship' laws) or trying to disinherit your spouse or minor children, you have broad power to disinherit your relatives. I do not personally favor the "leave them $1" approach. If you have a legal heir who you wish to disinherit, my preferred approach is to flat-out state that you're disinheriting them and leave them nothing.

California's laws of intestate succession - the laws that govern the distribution of your estate if you have no will - are here. As you can see, in the absence of an estate plan the law defaults to giving the estate to a spouse or domestic partner, and to your surviving children (issue).

You should discuss the possibility of a living trust with your estate planning lawyer. That can keep the bulk of your estate outside of the probate process, while giving you continued control and flexibility.