Lynn A. Smiley Law Blog

Can you disinherit a child?

Yes, you can. "Disinheriting" a child can be a difficult decision; however, you have the right to omit your son or daughter from your will. Disinheriting an adult child is somewhat more common than you might imagine. Over the years, I have seen parents disinherit children for many different reasons. Some of the more common ones are criminal activity, drug addiction for which the adult child refuses to seek help, ill treatment of the parent... Read More

"Most retirement plans, life insurance policies, annuities and certain other types of accounts allow you to name who will receive the proceeds when you die by filling out a beneficiary designation form. And it is important that you do so. If you don’t properly complete the beneficiary designation form, that account may be subject to probate — the costly and time-consuming court proceeding and end up in the wrong hands.

So what does properly completing a beneficiary... Read More

You need to appoint a guardian. Choosing who will raise your minor children if you and your spouse die is probably one of the most difficult decisions parents must make. This task is often so tough that many parents never do it.

Here is a fact that may wake you up! If you don’t formally appoint a guardian for your children, a probate judge will decide who will act as guardian. However, the person the judge appoints may not be the person you would have chosen. Family members... Read More