Estate Planning — Can I disinherit my child and leave money for my grandchildren?

Yes, you can disinherit your child and leave your assets directly to your grandchildren. California law allows individuals to freely distribute their estate as they wish, provided their intentions are clearly stated in a valid will or trust. This concept is called “testamentary freedom” and, while there are some protections for spouses and minor children, adult children have no legal right to inherit unless you choose to leave them something.

If you wish to disinherit your child, it’s important that you do so explicitly. Simply omitting their name from your estate plan is not enough. Under California Probate Code §§ 21620–21623, if a child is omitted, courts may presume it was accidental unless your estate plan specifically states that the omission was intentional. To avoid confusion or litigation, use clear language such as: “I intentionally make no provision for my son, John Doe.”

Once your child is disinherited, you can leave your assets directly to your grandchildren. You may do this through a will or, preferably, through a trust. Trusts offer more control, privacy and protection. For example, a trust can specify that a grandchild only receives funds for education or can delay distributions until certain ages, like 25 or 30. This is especially helpful if your grandchildren are minors or young adults.

You might also consider a generation-skipping trust (GST), which allows your assets to bypass your children and go directly to your grandchildren or further generations. A GST can offer potential tax benefits in larger estates by avoiding estate taxes that would otherwise apply at your child’s death.

The pros of disinheriting a child and leaving assets to grandchildren:

1. Control and intentionality: You may have good reasons to disinherit your child – such as estrangement, financial irresponsibility or if they are already well-off.
2. Tax planning: For larger estates, a generation-skipping trust may reduce estate taxes by avoiding taxation at the child’s level.
3. Legacy planning: You can create a structured inheritance that helps shape your grandchildren’s future by supporting their education, homeownership or other goals.
4. Asset protection: Assets held in trust for grandchildren can be protected from divorce, creditors or poor decisions.

There are cons and risks:

1. Legal Challenges: A disinherited child may contest your estate plan, claiming undue influence or lack of capacity. This could delay distributions and increase legal costs.
2. Family conflict: Disinheritance can lead to resentment, disputes among heirs and long-lasting family tension.
3. Changing circumstances: Your child’s financial situation could deteriorate unexpectedly. A permanent disinheritance offers no flexibility to help them later.
4. Administrative complexity: Trusts require careful drafting, funding and administration, especially when dealing with minor beneficiaries.

Disinheriting a child and leaving money directly to grandchildren is possible in California and, for some families, appropriate. But it must be done carefully and with professional guidance. A well-crafted estate plan ensures your wishes are honored while minimizing conflict and preserving family wealth for future generations.

Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues. This article is provided by your local estate planning attorney, Corina Colan. The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com