Can I Disinherit My Child?

In all states except Louisiana, a parent may legally disinherit an adult child, provided the parent transfers his property to someone else during lifetime or leaves his property to someone else under a valid will. This article discusses the pitfalls a parent must avoid and the steps a parent should take for an effective disinheritance of a child.

Intestate Succession

If a person dies without a will, any property not disposed of during life will pass under the intestate succession rules. Each state has a statute that specifies the order of priority in which property of an intestate decedent is distributed. In general, after a decedent's spouse, the children have priority over other heirs. For example, assume a wife died survived by her husband and two children. A typical share of a surviving spouse is $60,000, plus one half of the balance. The remainder would pass to the two children in equal shares. The intestate distribution scheme is mandatory. The wife cannot disinherit her children if she dies intestate.

Statutory Protection for Minor Children

In a few states, special rules limit the extent to which a parent may disinherit a child.

Homestead laws. Some states protect children under 18 from the loss of a family residence. For example, the Florida constitution prohibits the head of a family from leaving his or her residence to anyone other than a spouse or minor child if either is alive.

Civil Code in Louisiana. Louisiana law, which is based on the civil law system, protects forced heirs from disinheritance. Forced heirs are children under age 24 and children of any age whose physical or mental incapacity renders them incapable of taking care of their own affairs. Children who are age 24 or over with adequate physical and mental capacity can be disinherited by a parent for one or more "just causes" listed in the Civil Code. The parent must specify the particular just cause in the will in order to have the disinheritance enforced.

Pretermitted Children