Sometimes Estate Planning Means Making Hard Family Decisions
Most people don’t set out to “disinherit” someone. It’s usually not about anger or punishment. More often, it’s about protecting the people who depend on you, preserving a business you worked hard to build, or acknowledging a family relationship that has changed over time.
Still, the idea feels uncomfortable. Many parents wrestle with guilt, worry about family fallout, or assume they can simply “take someone out of the will” and be done with it. Unfortunately, estate planning doesn’t work that simply.
A recent Family Advisor article, “How to Legally Disinherit Family Members,” explains why this is one of the most misunderstood areas of estate planning and why doing it incorrectly often leads to court battles and broken relationships.
Can You Disinherit a Child? In Many Cases, Yes—but the Details Matter
In most states, parents do have the legal right to disinherit an adult child. That same right often extends to other relatives or even non-family members, which is especially important for business owners, blended families, and people who have remarried. Here’s where many people get tripped up. Leaving someone out of a will is not the same as intentionally disinheriting them. Courts tend to assume omissions are accidental. If a will doesn’t clearly state that someone was intentionally excluded, a judge may treat it as a mistake. That can open the door to challenges, delays, and legal fees your family never expected. Clear, intentional language matters more than most people realize.
Why Children Have Extra Legal Protections
Another surprise for many families is how strongly the law protects children, especially those born or adopted after an estate plan is created. If someone didn’t have children when their will was signed, a child who comes along later may still be entitled to a share of the estate unless the plan was written carefully to address that possibility. Even when there are existing children, an omitted child may be entitled to a proportional share.
This often affects:
Without updates, an old plan can undo years of thoughtful planning.
Sometimes Estate Planning Isn’t About Cutting Someone Out. It’s About Protecting Them.
When people talk about disinheritance, it often sounds harsh. In reality, most parents who raise this issue aren’t trying to punish anyone. They’re worried.
They worry about a child who struggles with addiction.
They worry about money being spent too quickly or falling into the wrong hands.
They worry that an inheritance could cause more harm than good.
For many families, the question isn’t “How do I disinherit someone?” It’s “How do I protect my child without handing them a lump sum they can’t handle?” A spendthrift trust is often a practical and compassionate alternative.
A spendthrift trust allows you to:
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Provide financial support without giving direct control over the money
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Prevent funds from being accessed all at once
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Protect assets from creditors, lawsuits, or poor decisions
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Set clear rules around distributions
Instead of receiving a large check, the beneficiary receives support over time, often for specific purposes like housing, healthcare, education, or basic living expenses. This approach protects the inheritance and the person receiving it.
Where Plans Most Often Go Wrong
We often see estate plans fail not because people didn’t care, but because they didn’t realize what the law requires. Common issues include unclear language, outdated beneficiary designations, and plans that don’t account for how assets are actually titled. Retirement accounts and life insurance pass outside of a will, which can completely override written intentions. When these details aren’t coordinated, families are left to sort it out in court.
How Vick Law Can Help
At Vick Law, we understand that these decisions are deeply personal. There’s rarely a simple or comfortable answer, and every family’s situation is different.
We help Greenwood and south side Indianapolis families think through difficult estate planning choices with care, clarity, and honesty. Our goal is to help you put a plan in place that reflects your real wishes, protects your family, and reduces the risk of conflict later.
If disinheritance is something you’re considering, or if you’re unsure whether your current plan truly does what you think it does, we’re here to help you talk it through and find the right path forward. Contact Vick Law today by scheduling online HERE or giving us a call (317)593-9853.
Reference: Financial Advisor (Dec. 5, 2025) “How to Legally Disinherit Family Members”
