How to disinherit your child from your estate

In Florida, you can disinherit your child from your estate. Make sure that you have specific omission language in your will or trust.

Linda: There are four siblings to split that estate with and one of them has disowned our family, completely disowned. He's been gone for I don't know 15 years or so and has nothing to do with any of us. What do we need to do to keep him from causing any difficulties when the time comes?

Attorney Tom Olsen: Your parents need to have a rock-solid will or trust. When I say rock-solid I mean done by an attorney, not by a form that they downloaded from the internet. In that rock-solid will or trust they need to have specific language in there that says we have to specifically omitted our son, fill in a name for our own personal reasons. First of all, here in the state of Florida they have no obligation to leave anything to their adult child. When I want them to specifically omit that child because I don't want them to pass away and then your brother comes forward and says, "Hey they just forgot that they had a fourth son out there that's why we're not in there." That's why I want them to put that specific language in there.

Linda: Okay.

Attorney Tom Olsen: I'd be pleased to help them with that Linda. Not only would we talk about getting a will or trust done for them, but talk about them, help them to avoid probate as well because that's really the bigger part of the job. When we talk about making things simple, easy and inexpensive for your kids that's what everybody wants. Well, then we need to talk about not only getting a will or trust done but tools to avoid probate.