The Death Readiness Podcast: Not your dad’s estate planning podcast
Why Disinheritance Can Be the Riskiest Estate Plan
Episode Summary
Disinheritance is often viewed as a clean solution to a painful family problem—but in reality, it can create far more conflict, litigation, and long-term harm than people expect. In this Tuesday Triage episode, Jill Mastroianni unpacks what disinheritance actually means, when it tends to arise (often after emotionally charged family gatherings), and why cutting someone out entirely is frequently the riskiest estate-planning move. Through a realistic scenario involving addiction and sibling dynamics, Jill explains how trusts, professional fiduciaries, and no-contest clauses can offer protection without tearing families apart. This episode is about slowing down, thinking clearly, and making estate-planning decisions that protect all of your children.
Episode Notes
Disinheritance is often viewed as a clean solution to a painful family problem—but in reality, it can create far more conflict, litigation, and long-term harm than people expect. In this Tuesday Triage episode, Jill Mastroianni unpacks what disinheritance actually means, when it tends to arise (often after emotionally charged family gatherings), and why cutting someone out entirely is frequently the riskiest estate-planning move. Through a realistic scenario involving addiction and sibling dynamics, Jill explains how trusts, professional fiduciaries, and no-contest clauses can offer protection without tearing families apart. This episode is about slowing down, thinking clearly, and making estate-planning decisions that protect all of your children.
What You’ll Learn in This Episode
- What disinheritance really means. Disinheritance is the intentional decision to leave someone out of your estate plan who would otherwise reasonably expect to inherit. That expectation, and the disappointment that follows, is what often fuels conflict and lawsuits.
- Why addiction often triggers thoughts of disinheritance. Parents may fear that leaving money outright to a child struggling with addiction could enable harm. These concerns are usually rooted in protection, not punishment, but the solution requires more nuance than cutting someone off entirely.
- Why trusts are often safer than outright disinheritance. A properly structured trust can provide support without giving unrestricted access to money. Trusts can include guardrails, oversight, and provisions that adapt if circumstances change.
- Why siblings should not be forced into the trustee role. Naming one child to control another child’s inheritance often destroys sibling relationships. Professional fiduciaries can be a better solution.
- How no-contest clauses actually work. A no-contest clause raises the stakes for litigation by requiring a beneficiary to risk losing what they’ve been left if they challenge the plan and lose. These clauses only work if someone has something meaningful to lose.
- Why disinheritance often increases lawsuits. When someone is left nothing, they have nothing to risk. That can make estate litigation more likely, especially when sibling dynamics are already strained.
- Clarity matters more than silence. If you intend to disinherit someone, your estate plan must say so clearly and consistently across all documents and beneficiary designations. Silence invites challenges.
- Estate plans distribute responsibility, not just money. Poor planning often leaves the most responsible child carrying emotional, legal, and financial burdens they never asked for. Thoughtful planning can prevent that outcome.
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