Not every family story has a fairytale ending—and that’s okay.
Whether it’s an estranged sibling, a distant cousin, or even an adult child you no longer have a relationship with, you have every right to decide who doesn’t receive part of your estate. At Logan & Logan LLP, we help clients make those wishes legally binding—without drama, loopholes, or surprises down the road.
Here’s how to make sure your hard-earned assets go only to the people you choose.
1. Use a Will or Trust—And Be Specific
If you want to disinherit someone, don’t leave it up to chance. Under Massachusetts law, if you die without a valid will or trust, your estate is distributed according to intestacy laws—which means certain family members automatically inherit, whether you wanted them to or not.
To prevent that:
- Create a Last Will and Testament that clearly states your intentions.
- Use a revocable living trust for more control, privacy, and to avoid probate.
- Name only the individuals or charities you want to receive assets—and leave out the rest.
You can also explicitly state that a specific person is not to inherit anything. This can help avoid will contests later.
2. Avoid Ambiguity: Say It, Don’t Explain It
Some clients ask us, “Should I include a reason why I’m disinheriting someone?”
Our advice? Usually, no.
You’re not legally required to justify your decision, and doing so may actually invite conflict. A better strategy is to include clear, neutral language such as:
“I make no provision for my brother, John Doe, and I intentionally and with full capacity exclude him from my estate.”
Let the legal language do the talking—less is more.
3. Consider a “No-Contest” Clause
Worried that a disinherited family member might challenge your will or trust? Massachusetts allows for “no-contest clauses” (also called in terrorem clauses), which state that if someone contests your estate plan and loses, they forfeit any inheritance they may have otherwise received.
This won’t stop someone who’s completely excluded, but it can deter a disgruntled heir who stands to lose a token gift if they cause trouble.
4. Review Beneficiary Designations and Joint Accounts
Even with a perfect will or trust, your retirement accounts, life insurance policies, and jointly held assets pass outside your estate. That means:
- Check and update your beneficiary designations regularly.
- Remove names you no longer wish to include.
- Review joint account ownership—those assets may automatically pass to the co-owner.
Estate planning isn’t just about documents—it’s about making sure every piece of the puzzle fits your intentions.
5. Protect Yourself from Challenges
To make your plan more bulletproof:
- Work with an attorney (don’t rely on online forms)
- Avoid signs of undue influence or diminished capacity
- Consider having your attorney document your mental competence at the time of signing
- Store your documents securely, and tell your executor where to find them
An excluded heir may try to claim you were confused, pressured, or manipulated. A well-drafted and properly executed plan makes that much harder to prove.
Let’s Create a Plan That Reflects Your Priorities
At Logan & Logan LLP, we understand that estate planning is personal. Your legacy should reflect your values—not be dictated by family dynamics or outdated laws.
Whether you’re updating an old will or creating a new plan from scratch, we’ll help you craft a clear, enforceable roadmap—even if that means some branches don’t make it onto the family tree.
Ready to take control of your estate?
Call us today at (617) 209-3784 or schedule a consultation in Quincy or by Zoom.
Logan & Logan LLP — A Family Firm, But We’re Not Afraid to Help You Leave Certain Family Out.
