An estate plan gives a testator drafting documents a chance to protect themselves and their loved ones. They can also establish a legacy that can affect how other people remember them after their death.
Many people prioritize providing for their spouses and children when they establish estate plans. They want to ensure the comfort, safety and happiness of their loved ones even after their passing and try to maximize what their loved ones may inherit. Unfortunately, sometimes family circumstances change in a way that forces people to reevaluate their estate planning choices.
Sometimes people divorce or lose loved ones prematurely due to illness or injury. Occasionally, there are also abrupt changes in family dynamics. Estrangement between a parent and their adult children could occur due to disagreements about politics or personal values. Parents may find themselves grieving the relationship they had with their estranged child.
Does estrangement necessitate estate planning updates?
Some changes may be necessary
Estrangement isn’t always permanent. Sometimes, parents reconnect with their adult children after a few months or a few years. Other times, unexpected events, like an illness or death in the family, may lead to reconnection. Parents may want to avoid making drastic estate planning changes, like disinheriting a child, immediately after an emotional conversation or confrontation.
That being said, some changes may be necessary for the safety and peace of mind of an estranged parent. They may want to remove their estranged child from any position of authority, especially those held before the parent dies.
Choosing someone else to serve as trustee or attorney-in-fact can be a smart decision. Replacing them as a personal representative for the estate could also be a smart undertaking. In cases where the estrangement persists for years or causes significant emotional upset, parents may also want to consider disinheriting their estranged child or leaving them a smaller inheritance than what their siblings or other beneficiaries may receive.
Discussing a change in family circumstances at length with a skilled legal team can help parents with estranged adult children make appropriate adjustments to their estate plans. Those dealing with complicated and difficult family situations sometimes have to make challenging estate planning decisions to protect themselves and uphold their values.
