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

Raining Professors

2018 has been an interesting year for FSI and a little strange. Through July, I have interfaced with 3 retired professors from Arizona State University. I won't describe their former positions to hide their identities. It started in April when the first contacted me by email and asked if I was interested in joining him in a round of seminars for continued education he was doing for CPA's in the valley. Though that particular event has not happened, our Legacy Trust Portfolio was recognized by the Professor as a great product he chose to promote with his insurance clients (his new occupation).

The second contact with an ASU professor was from the grave. Those who know me personally understand I like to go to thrift shops and hunt for hidden treasures. In May, I picked up a Steven King Novel at Goodwill because of it's unusual cover (Kennedy survived 1963) and discovered a hidden metal book safe inside. Locked. I brought it home and after failing to open the lock with small keys laying around, I just pried it open. I was shocked to see cash sticking out along with a valid debit card and even a Chase pin code letter. There was also estate papers for his aunt who is in her 90's, most likely the professor was Personal Representative of her estate. Both my wife and I agreed we had to give the contents back which included over $200 in cash! Research to find the surviving family found the professor's home was owned in fee simple and no beneficiary deed had been recorded. (Probate was required) The most interesting thing is that someone going through his books in his home tossed them out just a few days after his funeral and never checked for hidden items they may contain. Sad.

The third interface is in process, a call from a retired ASU professor discovered he had a specific need to plan his estate a certain way which included drafting a beneficiary IRA trust so his spendthrift son will have continuous income from his share of a large retirement money account being left to him. (via the trust). This third interface is the opposite of the second. The professor wrote his own draft and sent to the custodian of the account who agreed to become his Trustee for the funds upon his death. The effort was admirable (for his age now), but some negative connotations resulted. So I was hired to draft a professional version that they will accept as Trustee when he passes away.

So, the year still isn't over and odds of another interface from a retired (or active) ASU professor are very low I am sure. But the list of doctorate degree clients over the years is quite long for Financial Strategies, Inc. Perhaps another will discover us and ask for help before the year ends.

M.D. Anderson

Client StoriesMichael AndersonAugust 2, 2018Financial Strategies, Inc.Trusts, Legal Documents, Education2 Comments

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Raining Professors

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