Can You Legally Disinherit Someone From Your Estate in Pennsylvania?

Disinheriting a family member is a significant decision, but in some cases, it is necessary when emotional ties have been severed. Although Pennsylvania law allows you to disinherit children and most relatives, spouses are allowed to take an elective share, meaning that you cannot technically disinherit them. If you are considering disinheriting someone from your estate, the estate planning lawyers at Mette Law in Harrisburg, PA, would like to discuss what factors you should consider to help you make an informed decision.

Who Can You Disinherit in Pennsylvania?

Pennsylvania law allows you to disinherit your children and most other relatives. This can be done with little or no legal issues. In fact, the Supreme Court of Pennsylvania even stated that Pennsylvania law does not require a parent to leave any property to their children. The relationship issues between the parent and child do not matter, and the parent is not obligated to disclose their reasons for doing so.

To disinherit your children or another relative, you will want to include a disinheritance clause in your Last Will & Testament. This clause should clearly and explicitly state your intention to leave a specific person out of your will. The disinheritance provision will usually read to the effect of: “I have intentionally made no provision for my son/daughter, [name].” We suggest that you speak with your family member before everything is finalized to avoid having them blindsided.

Can You Disinherit Your Spouse?

Although you can disinherit most relatives, Pennsylvania law prevents you from disinheriting your spouse. If you do attempt to disinherit them, your spouse can take a forced elective share, legally entitling them to take one-third of the property. The type of property that qualifies is outlined in 20 Pa.C.S. §2203(a), including property passing through a will, income generated from property you own, and any annuity payments (assuming your spouse is listed as a beneficiary under the contract).

However, although it is possible to disinherit your spouse, this is only applicable in limited circumstances. If you have entered into a prenuptial or postnuptial agreement, then your spouse cannot legally take an elective share. Additionally, getting a divorce will prohibit your spouse from having any legal rights to your property. Lastly, if there is evidence of willful neglect one year before your death, you may be able to disinherit your spouse.

What Should You Do if You Plan on Disinheriting Someone?

Nobody wants to be blindsided after a family member’s passing. If you plan on excluding a loved one from your estate, our estate planning team suggests that you discuss your decision with them. This will likely be a difficult conversation, but it is best to be upfront about your decision. By examining your intentions, you can help prevent a family member from contesting your will in probate court. Your family member may still have a legal standing to contest your will, so it is best to discuss this with an estate planning attorney.

Contact a Harrisburg Estate Planning Attorney Today

At Mette Law, we understand that strained relationships between loved ones can lead us to take drastic measures. If you are considering disinheriting your child or spouse, you must understand their rights under Pennsylvania law. To ensure minimal issues after you pass, our estate planning lawyers in Harrisburg, PA, are willing to offer you our legal expertise. To get started, you can reach us online or by calling (717) 232-5000.