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Can I Ensure that Someone Does Not Inherit from My Vermont Estate?

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Estate planning is most often used to ensure that your assets are passed down to family members, friends, and charitable organizations according to your wishes; however, there are times when the goal of an estate plan is the opposite. You may intentionally want to prevent someone from receiving a share of your estate. If you wish to disinherit a specific individual, simply omitting their name in your Last Will and Testament (or a trust agreement) is not enough to accomplish your goal. If your intent is to exclude someone from your Vermont estate, you must take deliberate and legally valid steps to achieve that outcome. With that in mind, the attorneys at Unsworth LaPlante, PLLC explain ho to ensure that someone does not inherit from your Vermont estate.

What Happens Without a Valid Estate Plan in Vermont?

If you die without a legally enforceable estate plan in Vermont, the state’s intestate succession laws determine who inherits your estate. These laws provide a fixed framework for distributing property among surviving family members, regardless of your personal preferences. If the individual you wish to disinherit falls into one of the categories of legal heirs, they could end up with a portion of, or even all, your estate if you die intestate (without a valid Will or trust). For instance, dying intestate under the Vermont intestate succession laws would cause the following to happen:

  • If you have children but no surviving spouse, your children inherit your entire estate.
  • If you have a spouse but no children, parents, or siblings, your spouse inherits everything.
  • If you leave behind both a spouse and children with that spouse, your spouse will receive your entire estate.
  • If you leave behind a spouse and children with someone other than your spouse, your spouse typically receives at least half of the estate, with the remainder divided among your children.
  • If only your parents survive you, they inherit everything.
  • In the absence of a spouse, children, or parents, your siblings will inherit your estate.

If the person you want to exclude from inheriting assets fits any of the above-referenced categories, failing to create a comprehensive estate plan may inadvertently allow them to benefit from your estate.

Why Simply Leaving Someone Out May Not Work

You might think that simply not naming a person in your Will or trust is a sufficient way to ensure they do not inherit. Unfortunately, this approach is prone to failure. In fact, an omitted heir might challenge your Will (or trust) and claim that they were left out by mistake or that you lacked the mental capacity to make an informed decision. These types of claims can lead to lengthy and expensive legal challenges, and in some cases, the court may side with the omitted heir. When an estate plan does not clearly state that someone is intentionally disinherited, it leaves the door open to Will or trust contests which can delay the administration of the estate, reduce its overall value due to legal fees, and disrupt the inheritance plans you put in place for your other beneficiaries.

How to Properly Disinherit Someone in Vermont

If your goal is to exclude someone from inheriting from your estate, and that person would otherwise be a legal heir, you should specifically name them in your estate plan and clearly state your intention to disinherit them. This reduces the likelihood of confusion and diminishes their ability to challenge the Will on the basis that you forgot to include them. For example, you might include a sentence in your Will such as, “I am intentionally disinheriting my son, John Doe, and he shall receive nothing from my estate.” You do not need to explain your reasons, and in fact, doing so is often discouraged as it may invite further disputes. The most effective way to prevent an inheritance is through clear instructions within your estate planning documents. Working with an experienced Vermont estate planning attorney is the best way to ensure that your Will or trust is drafted correctly and will hold up if contested.

Spousal Rights in Vermont

While most heirs can be disinherited, a surviving spouse is not as easily excluded from inheriting under Vermont law. A surviving spouse is entitled to what is known as an “elective share.” This means that no matter what your Will or trust says, your spouse can legally claim a portion of your estate. In Vermont, the elective share typically includes a percentage of the augmented estate, which may include not just the assets in your individual name, but also certain property transferred during your lifetime. Even if you attempt to disinherit your spouse entirely, they can choose to receive this share instead of what was left to them in your Will. Because of these legal protections, disinheriting a spouse is complex and often requires a prenuptial or postnuptial agreement. Without one, your spouse has the right to contest your estate plan and claim a portion of your estate through the court system.

Can We Help You Ensure that Someone Does Not Inherit from Your Vermont Estate?

For more information, please attend one of our upcoming FREE seminars. If you would like to make sure that someone does not inherit from your Vermont estate, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

Wendy S. Hillmuth
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