Yorkville Estate Planning Lawyers for Estranged Children

Attorneys Helping Parents Address Conflicts With Children in Estate Plans in Yorkville, IL

There are a variety of situations where relationships between family members can become strained. Some parents may become estranged from their children due to years of conflict, differing values, mental health issues, addictions, or other issues. When this happens, the estate planning process can become more complicated. When determining what steps may be taken to address estranged children, parents can benefit from consulting with an experienced lawyer.

At Gateville Law Firm, we work with families to address these sensitive situations. We can help clients make sure their estate plans reflect their wishes while reducing the risk of disputes between children or other family members. In some cases, a parent may want to leave less to an estranged child, exclude a child from receiving an inheritance, or take steps to prevent disputes between family members about the decisions they make. Whatever the situation, careful planning can make sure issues will be addressed correctly while protecting the interests of parents and children.

Why Estrangement Can Lead to Complicated Estate Planning Issues

When a parent and child are estranged, multiple types of concerns may arise. A parent may be concerned that an estranged child will contest their estate plan after their death, since the child may believe that they are entitled to an inheritance regardless of their relationship with their parent. Other family members, including siblings or a surviving spouse, may become caught in the middle of a dispute, even if they were not directly involved in the reasons for estrangement. If a parent wishes to exclude an estranged child from an estate plan, but they do not take the proper steps when doing so, their decisions may be challenged in the future.

Ensuring Proper Inheritances for Family Members

Parents will often want to make sure that their children or other family members will receive the proper inheritances without unnecessary complications due to estranged relationships. Our attorneys can help clients accomplish their goals by creating clear and specific estate planning documents that leave little room for confusion or disputes.

A person may need to name specific beneficiaries who will receive certain assets rather than using general terms such as "my children." Without taking the proper steps, an estranged child may be unintentionally included, even if a parent did not intend to leave them an inheritance.

Parents may also use trusts to control how and when beneficiaries will receive their inheritances. Trusts can be used to ensure that certain assets cannot be accessed by an estranged child indirectly, such as through a sibling who might feel obligated to share an inheritance.

Reasons a Parent May Choose to Disinherit a Child

A person may decide to exclude a child from receiving an inheritance for a variety of personal reasons. Illinois law generally allows a parent to distribute their estate as they see fit, including excluding a child entirely. A parent may decide to disinherit a child if they have had little or no contact with the child for many years, if they have concerns about how the child would manage an inheritance, if there is a history of conflict or abuse within a family, or if they believe that a child has sufficient financial resources.

In some cases, parents may choose to provide a child with a reduced inheritance rather than excluding them entirely. This may allow a parent to acknowledge their relationship with their child and provide some support while making sure their decisions reflect the estrangement that has occurred.

Steps to Prevent Disputes Over Disinheritance

Disinheriting a child or providing a child with a smaller inheritance than other family members can increase the risks of a will contest after a parent's death. Several steps can help prevent potential disputes and make sure a parent's wishes will be followed, including:

• Clearly Stating Intentions in Estate Planning Documents: Rather than simply omitting a child, a parent may include language stating that the exclusion is intentional. This can help prevent disputes about what a parent would have wanted or whether an exclusion was accidental.
• Including a No-Contest Clause: A will or trust may include a provision stating that a beneficiary who challenges the document without probable cause will forfeit any inheritance that they would have otherwise received. This can discourage an estranged child from pursuing litigation without a legitimate basis.
• Documenting Mental Capacity: Will contests may be based on claims that a person did not have the mental capacity to make informed decisions about the distribution of their assets. A person may be able to avoid this by having a doctor evaluate and document their mental capacity at the time they signed estate planning documents.
• Avoiding Undue Influence Concerns: Wills may also be contested in situations where a person claims that a family member influenced a person to make decisions that favored some family members over others. A parent may need to take steps to demonstrate that they made decisions independently, including documenting the reasons for their choices.
• Using a Trust Instead of a Will: Because trusts allow assets to be distributed privately without going through probate, they can help avoid potential disputes. A parent may provide detailed instructions to ensure that their decisions about how their assets should be distributed will be honored.

Frequently Asked Questions About Estranged Children

Contact Our Yorkville, Illinois Estate Planning Attorneys for Estranged Children

While complex issues related to estate planning may arise when parents and children are estranged, steps can be taken to make sure a parent's wishes will be honored while avoiding family conflicts. The attorneys at Gateville Law Firm can help parents understand the legal strategies that may be used to address their concerns in these sensitive situations. Contact our Yorkville estate planning lawyers today at 630-780-1034 to learn how our team can help you create a plan that will meet your needs.