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

Black Jack

Santa ana, chewing gum and estate planning. What?

The gum, not the card game. Yes, I was one of those baby boomer boys who experienced the joy of growing up with guns blazing on our family TV, 50's Chevy's, and my grandfather supplying me with a steady supply of Black Jack, Beeman's, and Clove chewing gum sticks for many years. I can attribute my less than perfect teeth to being a tiny bit British, the local candy store growing up, and my grandfather always giving me sticks of his chewing gum. Of course, I was more than willing to munch on those gum sticks (I tried to get two) every time I came to visit him and grandmother. And as soon as I popped a fresh stick in my mouth, he would play the clapping monkey on a mantle in his living room while we watched TV together.

My favorite flavor of chewing gum was Black Jack! As a boy, it was fun to have a black tongue and black saliva while chewing that fantastic licorice favored chicle! But did you know it was the first chewing gum brought to America by a famous person? Exiled former Mexican president and general Antonio Lopez de Santa Anna (yes, he was the one in the Alamo fight), sold the chicle he brought with him to New Jersey. And sold it to Thomas Adams who first tried sarsaparilla (I would have liked that too), then settled with licorice to market the first flavored gum in the US and the first gum offered in sticks. Had I known that Black Jack gum originated from a guy claimed as a "bad guy" and a "good guy", my enjoyment of those chews would have been enhanced even more!

So, this blog post is meant to do some teaching. Do not settle with basic knowledge on a subject, including your estate planning knowledge. Hoping you will just "get by" in trusting only what others say or think or tell you what to do -- could leave your family lacking in one or more areas you could have improved on, had you only known more. (Sadly, we see broken estate plan results weekly) Perhaps it's time to load up and come guns blazing (figurative of course) to a free sit down chat with Financial Strategies, Inc. (Questions not bullets please) But first, take the time to resource and investigate for yourself and gain the knowledge you need to be able to act intelligently on estate plan decisions. Or any other.

What about Antonio Lopez de Santa Anna? Well he was loved and hated by many and his legend lives on since his death in 1876. Read the "rest of the story" including the fact he was brought to meet President Andrew Jackson as a prisoner. Legend has it that is when he introduced chewing gum to America. And, for those baby boomers reading this and wondering if you can still buy those gums (including Teaberry) we all chewed as kids, well yes you can. Wreck your teeth all you want by ordering at: Old Time Candy.com

M.D. Anderson

Arizona Estate PlanningMichael AndersonAugust 22, 2018Financial Strategies, Inc.Hidden knowledge, Santa Ana, Black Jack GumComment

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Black Jack

Licensed Exclusively in Arizona for Arizona Residents