Disinheriting someone by removing them from your will or estate plan is never a light decision. Whether it stems from long-term estrangement, complex family dynamics, or simply a change in your intentions, choosing to leave someone out of your estate can raise serious legal and emotional questions.
So, can you disinherit someone in Mississippi? The answer is: yes, with limitations. Mississippi law allows you to disinherit certain individuals, but not without clear documentation and some legal guardrails in place.
Let’s break it down.
What Does “Disinheritance” Actually Mean?
To disinherit someone means to intentionally exclude them from receiving any part of your estate when you pass away. This typically happens through your will, trust, or other estate planning documents.
But here’s the catch: in Mississippi (like most states), certain people cannot be disinherited easily, especially a spouse. Others, like adult children or extended family, can be disinherited more freely, but only if the legal steps are handled correctly.
Who Can You Disinherit in Mississippi?
- Adult Children: You are legally allowed to disinherit your adult children in Mississippi, even if you had previously named them as beneficiaries. However, to do so effectively, you should state the disinheritance clearly in your will. Failing to mention them at all could open the door to legal challenges.
It’s not enough to just leave their name out. You should include a specific clause saying you’re intentionally choosing not to leave them anything. Otherwise, a court may assume they were mistakenly omitted. - Other Family Members (Siblings, Parents, Nieces, Nephews, etc.): You can freely disinherit other relatives, including siblings and parents, unless they have a legal claim—such as being owed a debt or named in a previous legal agreement.
Who Can’t Be Easily Disinherited?
- Your Spouse: This is where it gets tricky. In Mississippi, you cannot completely disinherit your spouse unless they agree to it in writing (typically through a prenuptial or postnuptial agreement).
Even if you leave your spouse out of your will, Mississippi law gives them the right to claim an “elective share” of your estate. That means they can choose to take a portion of the estate (usually one-third) instead of accepting the terms of the will.
This law exists to prevent financial abuse or neglect, especially in long-term marriages. It also applies even if you’ve been separated but not legally divorced. - Minor Children: You also can’t disinherit your minor children in the way you might assume. While you don’t have to leave them specific assets in your will, you do have a legal obligation to support them until they reach adulthood.
If you pass away and leave no provisions for your underage children, the court may allocate part of your estate to ensure their well-being.
What Happens If You Try to Disinherit Without Proper Documentation?
Let’s say you simply leave someone out of your will without explaining it, or you make verbal comments about your intentions but never update your estate plan. In these situations, your wishes might not be honored.
Here’s why:
- A court may interpret the omission as an error or assume you meant to include the person.
- The person you intended to disinherit may file a will contest, arguing undue influence or lack of capacity.
- If there is no will at all, Mississippi’s intestacy laws take over and your assets may go to the very person you didn’t want to inherit.
In other words, disinheriting someone isn’t just about emotion; it’s about precise legal language.
How to Disinherit Someone the Right Way
If you’re considering disinheriting someone, here’s how to do it properly:
1. Work with an Estate Planning Attorney: This is not something to DIY. A qualified attorney will ensure your documents meet Mississippi law and can withstand legal challenges.
2. Be Clear and Direct in Your Will: Include a clause stating that you are intentionally omitting the person from your estate. It may read something like: “I have intentionally and with full knowledge omitted my son, John Doe, from this will and all distributions hereunder.”
3. Update Your Beneficiary Designations: Some assets, like life insurance or retirement accounts, pass outside of a will. Make sure those beneficiary designations are also updated to reflect your intentions.
4. Keep Detailed Records: If your decision could lead to tension or a challenge, keeping documentation (like emails, letters, or attorney notes) about your reasoning can be helpful.
Should You Tell the Person You’re Disinheriting?
This is a personal choice and a difficult one. On one hand, informing them in advance can prevent surprises and give you a chance to explain your reasoning. On the other hand, it may create conflict or hurt feelings during your lifetime.
At the very least, you should inform your executor or trustee of your wishes and the reasons behind them, so they’re prepared if a dispute arises. At Lancaster Law Firm, we help clients across North Mississippi create legally sound estate plans tailored to their families, no matter how complex. If you’re considering disinheriting someone or updating your plan to reflect new decisions, we’re here to guide you every step of the way. Contact us today to protect your legacy and ensure your wishes are carried out.