August 27th, 2025. Well it’s time to add to my blog. Seems like the Covid ordeal put a damper on posting. This blog post is about disinheritance actions. I can say very honestly that this subject is one of the most controversial consulting areas in my legal documents practice. When I am hired to draft legal documents in estate planning that limit or completely disinherit a child or grandchild, my heart starts beating faster. I have had to do it a lot over my long career and it never sets well with me. However, the dictate to create terms of disinheritance for offspring does have value in the estate planning arena.

Perhaps, more and more children, grandchildren in the past few decades have gone against the wishes of their parents or grandparents and acted in ways, (including inactions as well) that did not please the estate client who after much deliberation, has come down to dictating this legal move to remind them, after the death, that there was a cost to pay for certain habits, actions, in-actions, harmfully spoken words in anger never recalled, abandonment of visiting, etc.

I hate to see the “hammer” come down this way after a client dies, but they are in charge at the time they draft and they have their reasons to restrict or eliminate certain beneficiaries, normally their own children, who they are unhappy about their lifestyle, habits, that have hurt the estate owner/s. So it is a way to remind after a death, the true cost of their actions. (or inactions) If this is something you are exploring, I have a lot of experience in drafting legal documents (Wills, Trusts) that will help carry out your wishes to disinherit someone. Smart attorneys can contest the provisions and try to prove a “senior” was not at full mental capacity when the disinheritance clauses were drafted. Or try to prove in a formal “contest” court filing they simply forgot them.

Just know, as much as I hate doing these, I have studied for years the best terms to draft so that the decision does not get amended by a Judge in a formal court contest filing. Since 2009, Arizona trust code law is pretty liberal in this area compared to other states (such as my home state of Iowa who will let a Judge disinherit you if you even get mad at a Executor or Trustee), as it takes a formal “contest” court procedure here in Arizona and an extremely clear and egregious situation in order to lose your share of an estate you were named a beneficiary (heir) of.

I close in saying the wording in Wills and Trusts will normally in most states contain language that you are to be treated as if you (and perhaps all of your offspring) are to be treated as if you pre-deceased the descendent. I tell clients that in honest frank language, (without practicing law of course), that this pretty well means you are “dead” to the parent who disinherited you and thus, not able to get any share. Leaving other siblings to redivide the money and assets amongst themselves right in front of your eyes. (legally dead, personally very much alive).

A free 15 minute conference by Zoom or in person can discuss the general legal information pertaining to drafting such a provision in your Will or Trust with me. Call me at 1-800-782-2806 or email me at mdanderson@webfsi.com

I hope and pray this blog post does not apply to you!

M.D. Anderson

Special Needs

An area very close to my heart is the need to plan for a disabled minor or adult child. Regardless of the type of disability (mental, physical, or both), this area of legal document practice has been relegated to a small amount of practitioners here in Arizona. The best Special Needs Trusts can cost as much as $5,000 to create or more and frankly, many families needing them just can't afford to pay such a high price for a single legal document. (Generally known as a SNT)

Our firm finally took the time in the summer of 2017 and drafted our own modern version of a special needs trust we prefer to attach to your portfolio (either trust or will) to be testamentary and go into effect upon your death. (or after your surviving spouse's death) And we immediately started serving Arizona clients with new SNT's included in their portfolios.

The FSI Legacy SNT is a professional, comprehensive and legally correct trust that allows providing assistance to your disabled child while preserving the capital inside the trust from government confiscation.

Additionally, modern funding techniques such as "crowd funding" cash contributions or beneficiary designations on life insurance and retirement plans are authorized, described, and explained so your disabled child may have adequate funds to provide for them for the rest of their life no matter what.

Set an appointment to chat over the phone or face to face on this extremely important area of estate planning few are qualified to practice in. And compare our pricing with those high priced firms asking an arm and a leg for their version of a special needs trust. We will save you thousands!

M.D. Anderson

Estate Plan For ParentsMichael AndersonAugust 10, 2018Financial Strategies, Inc.special needs trusts, SNT, Planning for special needsComment

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Special Needs

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