While you can exclude people from a will, it may come with some complications. In Oklahoma, you have the right to create a will that specifies how you want your assets distributed after your death. However, excluding your spouse and children from your will involves navigating complex state laws that protect the interests of surviving family members. Here’s what you need to know about excluding your wife and kids from your will in Oklahoma:

Excluding Your Spouse

Oklahoma law allows your surviving spouse to claim an elective share of your estate, even if you exclude them from your will. Specifically, the elective share is typically one-third of the estate if you have children or descendants, and one-half if not. To receive this share, your spouse must file a claim in probate court. Additionally, Oklahoma law grants your spouse homestead rights, protecting the family home from being entirely disinherited. Your spouse can continue living in the family home, regardless of what your will states. The court may also grant a family allowance to your spouse for maintenance and support during the probate process. This allowance takes priority over other claims against your estate

Excluding Your Children

In Tulsa County, your children do not have an automatic right to inherit if you explicitly disinherit them in your will. You can legally exclude your children, but you must clearly state your intention to do so. It is not enough to just vocalize they are disinherited and leaving them out of the will. To avoid ambiguity, you should explicitly state in your will that you are excluding your children. For instance, use clear language like, “I intentionally make no provision for my child, [Name].” This will help protect and honor your last wishes. Without putting this stipulation in the will, it could lead to a lengthy dispute in probate court.

Further, you should make sure that there is no way that someone can challenge the integrity of your will. What this means is that if they can prove you were not of sound mind when creating it, they can challenge the will. This can often be them challenging it based on incapacity. Incapacity means that you are not of sound enough mind to make those decisions. Often this can mean dementia, Alzheimer’s, a traumatic brain injury, former stroke, or any other condition that would impair your cognitive abilities. Be sure that you have people who can attest to your mental fitness when attempting to write your children out of your will.

Steps to Legally Exclude People from a Will

Given the potential for legal challenges, you should consult with an estate planning attorney. They can ensure your will is legally sound and that your intentions are clearly expressed. Depending on your situation, there may be alternative legal instruments, such as trusts, that can help you achieve your estate planning goals while minimizing potential legal challenges. A trust can help ensure that the interest in a house distributes accurately and efficiently.

Make sure the beneficiary designations on your non-probate assets, such as life insurance policies, retirement accounts, and payable-on-death accounts, reflect your intentions. These assets typically pass outside of probate and are not governed by your will. If possible, communicate your estate planning intentions with your family. While this can be difficult, it may help reduce conflicts and legal challenges after your death. You should also designate someone you trust to help you facilitate all of your plans once you pass.

Tulsa County Estate Planning Lawyers

In Oklahoma, you can exclude people, including your wife and kids, from your will, but you must navigate specific legal protections for surviving spouses and clearly state your intentions to exclude your children. To ensure your will is enforceable, consult with an experienced estate planning attorney. They can help you understand the complexities of the law and create an estate plan that aligns with your wishes. Our team here at Tulsa County Lawyers Group will guide you throughout the process of creating your will and making sure it matches your wishes. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.