May 27, 2016
by Raleigh Lawyer
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Reasons Parents Might Disinherit Children

Reasons Parents Might Disinherit Children | Estate Planning in Cary

Welcome back. During our last blog post, we talked about disinheriting estranged adult children. It’s hard to consider what one might go through making the decision to disinherit their child. It’s a difficult, emotional situation that many do not take lightly.

While you might be considering disinheriting your estranged child, there are other reasons you might contemplate it as well.

There are other reasons why parents might decide to disinherit their children. An estranged adult child isn’t the only cause. Below, you’ll find several other alternatives to this situation.

Drug Addict Child – If your son or daughter has had a long, drawn out addiction to drugs and can’t seem to fight it enough to fully recover, you may be considering disinheriting them. You might worry they’ll use all their inheritance on more drugs. If you choose to disinherit them, you might want to consider leaving their share of your estate to your grandchildren. If you appoint a trustee that you can rely on, the inheritance will be used to meet the child’s needs without the child having any control over it. In addition, you can also set up a trust that will meet your addict child’s needs. They won’t be able to use the inheritance for anything but living expenses; food, rent, mortgage and clothing.

Special Needs Children – Many special needs children receive government benefits that might interfere with an inheritance. In order to help the child continue with their benefits, parents might decide to disinherit the special needs child. In this case, there are ways to create a special needs trust so that the child isn’t completely omitted from the will or estate plan. When taking this route, a trustee should also be appointed. The trust will help provide supplemental support for your special needs child.

Estranged Adult Child – While we did talk in detail about this in our last article, we wanted to do a quick recap here. The definition of estranged is someone who is unsympathetic, indifferent or unaffectionate to a loved one. It’s turning away from someone that once meant a great deal to you. We hear about estranged wives or husbands all the time. It’s not as common to hear about an estranged son or daughter. When this happens to with our children, it’s usually when something happens out of anger. 

Disinheriting your child, for any reason, might be a difficult thing that requires much deliberation. Our lawyer can help you with estate planning in Cary, as well. Contact us for more information.

Estate Planning in Cary

An attorney who knows about estate planning in Cary NC will be able to review your situation and provide the best solutions that will meet your needs and will also be legally sound. He or she may also suggest other things that you may not have considered before, such as creating a durable power of attorney or a healthcare directive to give guidance in situations where you may not be able to make decisions on your own anymore. There are many facets to an estate plan. Klish and Eldreth can talk with you about your situation and help guide you in creating a plan that meets your needs. Contact us, today.

If you’re interested in learning more about disinheritance, be sure to visit back with other blogs, below:

Disinheriting an Adult Child

Referring to a Disinherited Child in Your Will

Reasons Parents Might Disinherit Children

Problems that Can Come With Disinheritance

May 27, 2016
by Raleigh Lawyer
Comments Off on Things to Consider When Disinheriting an Adult Child

Things to Consider When Disinheriting an Adult Child

Welcome back. Our estate lawyers in Cary NC are here to talk more about disinheriting an adult child from your will. This is a difficult subject to tackle, but in some cases, it is a necessity for one reason or another. No matter what you’re reasons are, our lawyer is here to help you when the time comes.

Working With Your Estate Lawyers in Cary NC

If you’re unsure whether or not you should leave a reason for disinheriting your adult child from your will, our estate lawyers in Cary NC offers a few things to consider.

  • Your adult child may try to challenge your reasons for omitting them, if the reasons are vague and indirect. Those that choose to leave their children with nothing after passing due to the fact that they adequately cared for them during their lifetime may leave their estate in a challengeable state. Your child might disagree with your intent. They might also challenge the capacity of your parenting.
  • Keep in mind that it is possible for the disinherited adult child to challenge this decision. After all, even if the child is responsible for their actions and the full cause of the disinheritance, the resentment and anger they’ll feel cannot be discounted. Even though they may have been treating you badly and disrespecting you for years, they may feel entitled to part of your estate when you and your spouse pass.
  • To make this situation as easy as possible, remember to consider the following information to help you clarify your intent for a more effective disinheritance:
  • Create a will that is clear and concise. Without a will, parents will die intestate. This can cause a lot of trouble.
  • If you already have a will in place, update it with new information or execute a new will using the old one as a guideline.
  • Clearly define the fact that you’re disinheriting a child within the will.

We hope this information helps you in this difficult situation. Be sure to visit back with our blog soon for more information.

Klish and Eldreth | Estate Lawyers in Cary NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyers in Cary NC are here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

If you’re interested in learning more about disinheritance, be sure to visit back with other blogs, below:

May 27, 2016
by Raleigh Lawyer
Comments Off on Referring to a Disinherited Child in Your Will

Referring to a Disinherited Child in Your Will

Family feuds are common. As children grow into adulthood and parents become seniors, there are things that can bring about drama and arguing. While many times things blow over in a short amount of time, some family disagreements carry on for years and years. When this happens, a child can estrange themselves from their parents. Adult children might become estranged for many reasons. Either way, parents are faced with a troublesome fact. Do we disinherit our child? This decision might come after 15 or 20 years of estrangement. It is one that might not come easily. Our wills lawyer in Cary NC is to talk more about an estranged child and how to refer to them when disinheriting them in your will. 

Disinheriting a Child in Your Will | Wills Lawyer in Cary NC

Disrespect, sadness, regret and anger might be the culprit of choosing to disinherit your adult child from your estate. Whatever the reason, there are a few ways that you can go about addressing this. Below, you’ll find tips that might help.

  • Specifically state your intentions within the will.
  • Make sure that you use a statement that intentionally omits the child.
  • If you feel a need, you can state the reason for the disinheritance. This depends on your situation. An estate lawyer can help you decide what’s best in your situation.
  • “I purposefully leave no endowment within this will for my child, [your child’s name], might be the best way to add this intentional disinheritance.

Whether you’ve adequately provided for your child during their childhood or your lifetime or you are estranged from them and feel that they do not need any support from your estate, you should carefully consider your deliberate omission from your will. Make sure your statement is clear, concise and directly omits them from your estate.

For tips to consider when disinheriting an adult child and leaving the facts in your will, visit back with our next blog post, soon. Our wills lawyer in Cary NC will have more information for you.

Klish and Eldreth, PLLC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

 

If you’re interested in learning more about disinheritance, be sure to visit back with other blogs, below:

Disinheriting an Adult Child

Referring to a Disinherited Child in Your Will

Things to Consider When Disinheriting an Adult Child

Reasons Parents Might Disinherit Children

Problems that Can Come With Disinheritance

May 27, 2016
by Raleigh Lawyer
Comments Off on Disinheriting an Adult Child

Disinheriting an Adult Child

Many parents enjoy a warm, loving relationship with their adult children. Whether they’re married, have kids or are still single, there’s a different relationship that forms once the kids have grown up and moved out.

As children become adults, they mature, learn to be responsible and eventually, understand why their parents may have been so hard on them growing up. This helps to nurture this new, adult relationship between parents and children as they become adults. Sometimes, our probate lawyer in Cary NC finds that this might not always be the case. 

Disinheriting an Adult Child | Probate Lawyer in Cary NC

Unfortunately, there are sometimes cases when parents and adult children do not get along. Maybe the parents aren’t perceived as being fair in some fashion or the adult child or children have held a grudge about something that has been blown out of proportion. Whatever the case, it’s possible that you and your adult children become estranged.

As a parent, it’s hard to see your child walk out the door and never look back. It’s devastating to know that you may have tried reaching out, time and time again to no avail. Unfortunately, this sometimes happens and there’s little that can be done about it. Only time, forgiveness and patience will tell what may happen in the future.

The definition of estranged is someone who is unsympathetic, indifferent or unaffectionate to a loved one. It’s turning away from someone that once meant a great deal to you. We hear about estranged wives or husbands all the time. It’s not as common to hear about an estranged son or daughter.

When our children decide to turn away from us, it’s difficult to rebound from it. There’s a sadness stage, grieving stage, and then eventually an anger stage. You’ll harbor hurt feelings, confusion and anger for a long time. In many cases, prolonged estrangement from an adult child can seem childish. Especially if the parents have tried to forgive, forget and move on from the situation several times.

The hurt and disrespect you’ve been receiving for years might lead you to decide to legally disinherit your adult child. This is a legal option that is possible in all U.S. states with the exception of Louisiana. You can transfer all property to someone else during your lifetime. You can also leave property to someone else under a valid will, as long as everything is updated during your lifetime.

Our probate lawyer in Cary NC knows that if you’re considering disinheriting a child, you may be going through a lot of pain and sorrow. Though it’s something no one wants to think about, it is important to make sure you understand every factor involved in disinheriting a child. To learn more, be sure to visit back with our next blog post, soon.

Klish and Eldreth, PLLC | Probate Lawyer in Cary NC

If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

Contact our office, today to make an appointment to speak with our probate lawyer in Cary NC. Don’t wait to start your estate planning!

If you’re interested in learning more about disinheritance, be sure to visit back with other blogs, below:

  • Disinheriting an Adult Child
  • Referring to a Disinherited Child in Your Will
  • Reasons Parents Might Disinherit Children
  • Problems that Can Come with Disinheritance

May 23, 2016
by Raleigh Lawyer
Comments Off on Estate Planning Tips for Owner Dependent Businesses, Part 6

Estate Planning Tips for Owner Dependent Businesses, Part 6

Welcome to our final installment in this estate planning series. We hope this information helps you if you are a dependent business owner. If you have any questions you’d like to ask our estate lawyer in Cary, contact us, before moving on.

Also be sure to visit back with other blogs in this series, as well, if you missed them. You’ll find links to each of them at the end of this article.

Tips | Estate Lawyer in Cary

In cases where a business will continue without the owner, a succession plan is usually put into place. It can still be utilized in situations when the business will close without the owner there to run it. In this case, the plan can explain how the business will be managed in the time between the owner’s death and the close of the business.

Employees can be named to take care of different duties, especially if there are customers to contact, supplies that need to be canceled, or other administrative duties. While there may be someone named to oversee the financial aspects of the business, it is important that the smaller tasks do not fall through the cracks. As mentioned previously, customers can sue for services or goods not rendered due to the close of the business, so it can be beneficial to take care of clients’ remaining needs as much as possible.

If a business owner wants to be able to provide funds to his or her employees should it close, an insurance policy can possibly provide enough money to cover those costs. It will need to be outlined in the estate plan how much should be paid to employees and how much should go toward other costs, fees and debts.

The final and most important step in creating an estate plan for your business is making sure it is accessible. When the time comes for it to be implemented, it is important for the right people to be able to find it. Your lawyer can keep a copy, but you can also have a copy available in your office. Make sure your spouse or a trusted employee knows where it is. You can also include copies of your business files, financial statement, insurance policies and other documents pertaining to your business and the estate plan.

Klish and Eldreth, PLLC | Estate Lawyer in Cary

Many people have complex financial affairs because of assets such as property or businesses that are co-owned, or because of personal situations such as blended families. If one or more of these following situations applies to you, you may benefit from having an estate lawyer in Cary to help with estate planning or draft your estate plan.

If you need help planning your estate, call us today. We can answer questions you may have about estate planning, wills, power of attorney, and more. Do not leave your family without a plan outlining your wishes. Our offices are conveniently located in Cary. We also handle elder law, small business law, trademarking, copyrighting, and DWI issues.

Interested in learning more? Visit other blogs in this series: