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Is It Possible to Disown an Adult Child?
Hi. I’m Jordan Flake. I’m an attorney with Clear Counsel Law Group. I specialize in estate planning. One question that I sometimes get is, “Can I disown my adult child for various reasons?” You may have had falling out with your son or daughter and you just really don’t want anything to do with them anymore. Reality is a lot of the disowning process just happens by operation of law. When someone turns 18, they essentially are considered an adult and have their own rights, responsibilities, and duties, and are really no longer your legal responsibility once they turn 18.
Aside from that though, one thing that a lot of clients will do if they have a child who they have disowned or the relationship cease to exist is disinheritance. What that means is you come into an attorney’s office and whatever you were planning on giving to anyone, you need to explicitly state that you want to disinherit your child. It’s really important that the disinheritance provisions are drafted correctly because if not, you could be facing a situation where your disinherited child comes back and says, “Whoa, it’s very unclear that … They didn’t say anything. They didn’t say the right things about disown me. He told me before he passed away that he wanted me to have something.” They can make all kinds of claims in those circumstances.
The law requires that you specifically disown your own children, and so those provisions have to be drafted correctly. If you’re worried about where your assets go after you pass away and possibly, you have a situation in your family where you don’t want your assets to go to a certain child, then please give us a call, so I can meet with you for a no-charge consultation. We’ll go over your options. Thanks.