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

Decant Rant

Worried over an out of date irrevocable trust and it’s adverse provisions? Perhaps you can do something about it as a beneficiary, as a trustee, or both. My year has been excessively filled with irrecoverable trust estate settlements at death with adverse terms, and current clients asking if they can amend those bad terms out of problematic trusts.

So it’s time to do a decant rant. Finally, as a firm, I did something about it. A private client case I have been working on for many years has out of date irrevocable trusts from the eighties still in control of large business assets. Of course full of old fashioned, out of date and harmful language that needs to be corrected. I am pleased to advertise my master decanting irrevocable “restated” trust portfolio now exists for Arizona domiciled irrevocable trust use.

Many beneficiaries of these bad trusts think there is nothing they can do to make changes. Yet I am pleased to state in most cases they are wrong! Decanting an irrevocable trust is no longer a mystery for Arizona based irrevocable trusts beneficiaries and trustees.

One bad term in the aforementioned client case was that the law firm went on in perpetuity once the senior lawyer died. He did die a few years ago but the egregious terms state that his successors are to remain the trust protector and his law firm as the main legal council for the trust forever. Specifically, he set his own daughter up who succeeded him in the law firm to remain on the trust payroll for many, many generations. Bad faith against his original client and now my client, the offspring.

Do you have a bad trust with bad terms you don’t like? Let our professional consulting services give you general legal concepts on specific Arizona law and the rules required to abide by in order to see if those bad terms can be erased and done away with by decanting.

You may not even need court approval or review in some circumstances. And if your situation is simple and no legal advice is required, we can assist in decanting procedures document drafting to save you money. Then deliver the documents to you for a final legal consultation with a qualified Arizona lawyer before signing. A modern 2020 irrevocable trust instrument may be the best choice you make in the new year.

This rant was to offset a mind thought many have of “I Can’t Decant”. You can and most likely you should if you too have a bad trust and perhaps also a greedy law firm attached from many years gone by still in control long after your loved one (Trustor/Grantor) died.

Immediate Service: 1-800-782-2806

M.D. Anderson, AZCLDP

Arizona Estate Planning, Estate Plan For ParentsMichael AndersonDecember 6, 2019Financial Strategies, Inc.Decanting a Trust, Decant Your Trust, What is Decanting a Trust?Comment

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Decant Rant

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