When creating an estate plan, many people assume they can leave their assets to anyone they choose. In many situations, that is true. One of the primary benefits of estate planning is that it allows you to decide who should receive your property and who should manage your affairs after your death.
However, questions often arise when someone wants to leave a family member out of their estate plan. A parent may want to exclude an adult child. Someone else may want to disinherit a sibling, an estranged relative, or another family member.
The question becomes: Can you disinherit a family member in Kansas or Missouri?
The answer is generally yes, but there are important exceptions and legal considerations to keep in mind. Understanding Kansas and Missouri inheritance laws can help you make informed decisions and protect your wishes.
You Generally Have the Right to Choose Your Beneficiaries
Both Kansas and Missouri generally allow individuals to decide how their property should be distributed after death.
If you want to leave your assets to certain family members, friends, charities, or other individuals, you can typically do so through a properly prepared will or trust.
Likewise, if you do not want someone to inherit your property, you can generally exclude them from your estate plan.
However, simply failing to mention someone may not always be enough, especially if that person could argue they were unintentionally omitted.
For example, Missouri law provides certain protections for children born or adopted after a will is executed. These rules are outlined in Missouri Revised Statutes Section 474.240.
Working with an estate planning attorney can help ensure your documents clearly communicate your intentions.
Can You Disinherit a Child?
In Kansas and Missouri, parents generally have the ability to disinherit an adult child. There is no general requirement that parents leave an inheritance to their adult children simply because they are related.
If you decide not to leave assets to a child, it is often best to clearly state your intention in your estate planning documents.
For example, your last will and testament or trust might state that a particular child is intentionally omitted and that the omission is not the result of an oversight.
This can help reduce confusion and provide clarity if questions arise after your death.
Disinheriting an estranged child can be particularly sensitive. At Kelley Law Firm, we have discussed how intentional planning can address these situations in our case study on estate planning around an estranged child.
The most important consideration is ensuring your estate plan accurately reflects your wishes and complies with applicable state law.
What About Minor Children?
Minor children present additional considerations.
While parents generally have broad authority over how their assets are distributed, legal obligations involving minor children may affect certain estate planning decisions.
For example, Kansas provides statutory allowances that can benefit a deceased person’s minor children in qualifying circumstances. These protections are described in Kansas Statutes Section 59-403.
Many parents who want to provide for their children choose to do so through a trust rather than leaving assets outright.
A properly structured trust can establish instructions for how and when assets should be used, including expenses related to education, healthcare, and other essential needs.
If you are considering excluding a minor child from your estate plan, consulting an attorney is especially important because the legal implications depend on your circumstances.
Spousal Rights Are Different
In both Kansas and Missouri, surviving spouses generally have certain legal protections that may prevent one spouse from completely disinheriting the other.
These protections can allow a surviving spouse to claim a portion of the deceased spouse’s estate, even when the will provides otherwise.
However, the rules differ between the two states.
In Kansas, surviving spouses may have a right to an elective share calculated under state law. The amount depends in part on the length of the marriage and the value of the augmented estate. These provisions are explained in Kansas Statutes Section 59-6a202.
In Missouri, surviving spouses may elect to receive a statutory share of the estate instead of accepting the terms of a will. The applicable rules are outlined in Missouri Revised Statutes Section 474.160.
These rights are designed to provide legal protections for surviving spouses and can affect how an estate is distributed.
Because spousal inheritance rights can be complicated, married couples should carefully coordinate their estate plans to ensure their wishes are consistent with applicable law.
Beneficiary Designations Can Create Problems
Disinheriting someone is not just about your will or trust.
Many important assets can pass outside of probate through beneficiary designations, including:
- Retirement accounts
- Life insurance policies
- Payable-on-Death (POD) accounts
- Transfer-on-Death (TOD) accounts
If someone remains listed as a beneficiary on one of these accounts, they may receive those assets regardless of what your will says, subject to applicable laws and account requirements.
This can create unexpected complications when someone updates their will but forgets to review older beneficiary designations.
A complete estate plan should include reviewing these accounts and ensuring they align with your overall intentions.
For additional information about coordinating your financial and legal documents, explore Kelley Law Firm’s estate planning services in Kansas and Missouri.
Can a Disinherited Person Challenge an Estate Plan?
Yes, a disinherited person may attempt to challenge a will or trust if they have legal standing and a recognized basis for doing so.
Common grounds for an estate dispute include:
- Undue influence: Someone improperly pressured the person creating the estate plan.
- Lack of mental capacity: The person did not have the required legal capacity when signing the documents.
- Fraud: The estate planning documents were created or changed through fraudulent actions.
- Improper execution: The documents were not signed or witnessed according to applicable legal requirements.
The fact that someone was excluded from an inheritance does not automatically mean they have a valid claim.
However, excluding a close family member, especially in unexpected circumstances, may increase the likelihood of a dispute.
Careful drafting, proper execution, and appropriate documentation can help strengthen your estate plan and demonstrate that decisions were made intentionally.
To learn more, read our article on whether a beneficiary can challenge a trust.
Should You Explain Why Someone Was Disinherited?
This is a personal decision.
Some people prefer to include a brief explanation, while others believe detailed explanations may create additional family conflict.
In many cases, a simple statement confirming that the person was intentionally omitted may be appropriate.
For example, an estate planning document may state that the decision to exclude a particular family member was intentional and not an oversight.
However, detailed explanations can sometimes raise additional questions or create opportunities for disputes, especially when they involve sensitive family circumstances.
An experienced estate planning attorney can help you determine the best approach based on your goals, family relationships, and applicable state law.
Plan Carefully to Protect Your Wishes
Disinheriting a family member is one of the most sensitive decisions someone can make during the estate planning process.
Whether the reason involves a strained relationship, previous financial support, differing values, or another personal circumstance, the decision should be carefully documented.
A poorly drafted estate plan can create uncertainty, family conflict, and potential litigation. A properly prepared plan can provide clarity and help ensure your wishes are followed.
It is also important to review your documents regularly, especially after significant life changes such as marriage, divorce, the birth of a child, or changes in family relationships.
If you are unsure whether your existing documents still reflect your intentions, reviewing them with an attorney may help you avoid unintended consequences.
You can also read our guide on why everyone needs an estate plan in Kansas City to understand the importance of planning ahead.
Let Kelley Law Firm Help Protect Your Wishes
At Kelley Law Firm, we help individuals and families throughout Kansas and Missouri create customized estate plans that reflect their goals and protect their wishes.
Whether you want to provide for loved ones, address complicated family circumstances, or intentionally exclude someone from your estate plan, our team can help you understand your options.
Our legal services include estate planning, wills, trusts, probate law, trust administration, and powers of attorney.
Your estate plan should reflect your decisions, not leave important questions unanswered.
If you have questions about disinheriting a family member in Kansas or Missouri or need to update your existing estate plan, contact Kelley Law Firm today to schedule a consultation.
Thoughtful planning now can help protect your wishes, reduce uncertainty, and provide peace of mind for the future.