Sometimes, when a loved one dies, the estate plan he or she leaves behind is full of surprises. Some people feel like they cannot express their true feelings while they are alive, so they use their wills to do so.
Because of this, you may find yourself left out of a will unexpectedly. The Florida Bar explains that the law generally allows a person to leave anyone out of a will as they see fit.
To disinherit someone, you only need to not include them in your estate documents. You do not have to leave them anything or even note you do not want to leave them anything.
There are a couple of exceptions under the law. In Florida, a spouse and potentially children have certain inheritance rights that you cannot remove. For example, your spouse has the right to a certain share of the estate regardless of any estate plans. In the case of children, a child born after the date of the will’s creation also has rights to a portion of the estate even if he or she is not in the will. A spouse and children may also have the right to receive an allowance before the final distribution of assets from the estate
One thing to note is that a pre or postnuptial agreement may alter a spouse’s rights. If there is one in place and it specifies inheritance, then this will supersede the law as long as the agreement is valid.
Disinheriting someone is usually a personal matter. You only have obligations in specific cases to leave people something.