Tag: Estate planning

What if I Don’t Want One of My Children to Get Any Part of My Estate Upon My Passing?


There may be many reasons that you do not want one of your children to receive any part of your Estate upon your death. You may not have a good relationship with that child, or maybe you feel like that child is better off than the rest of your children, so they do not need any part of your Estate. Whatever the reason, you are certainly able to disinherit a child in your Last Will & Testament. It is important that you have a Will drawn up if you want to disinherit a child, because you will not be able to disinherit them if you do not have one. Your Will must make it very clear that you are wanting to disinherit this child so that it does not seem like a mistake was made and you just accidentally “left them out of the Will”. Simply failing to mention the child in your Will is certainly not a good idea, as this may lead the Court to think a mistake was made or that this child was born before your Will was drawn up; therefore, the Court may think that child should be entitled to some part of your Estate. It is very important to state your intention clearly in your Will.

You do not have to state the reason you want to disinherit your child, but some people find it useful to leave a letter (separate from their Will) which states the reason that a child is being disinherited. If you do this though, make sure your letter does not contradict anything that you have written in your Will.

If you have any further questions about disinheriting a child, contact Amanda Crowell at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800. Let us put our experience to work for you.

Estate planning, Kane Law


I find that many clients have heard that the probate process can be time consuming and very expensive. In other states and counties it often can be. In Wilson County, with the proper estate planning documents in place, the process can be taken care of in four months.

You have to know what you are doing, however, to navigate this system.

Often, you can’t sell property you have inherited if the estate hasn’t been properly handled. You need Tax Clearance letters and Tenn Care waivers. You also have to insure the proper notices to creditors have run in the paper and have been mailed out.

As a Probate Attorney, I handle all this for you. The Executor of the Estate is required to bring us the Last Will & Testament and from there they help me notify the creditors. A quick Court appearance is required with myself and the Executor. After that, unless there are problems with the estate, all other Court appearances are handled without the Executor present.

If there isn’t a Will, we still probate the Estate. We appoint an administrator to serve in the same capacity as an Executor would have served. 

If you can’t find the Original Will, then we have a process for proving that the copy is the Last Will & Testament.

Losing a loved one is one of the worst experiences that we all go through. And the last thing anyone wants to handle right after that, is a complicated legal system. We understand our job is to make your life as easy as possible during this process.

Yes, complications may arise.

Someone might contest the Will or a spouse may have been written out and may now need to assert her rights. Children from prior marriages often need to be dealt with. And sometimes, there is more debt than assets and we need to do all we can to protect those assets.

All this can be accomplished through the probate of the Estate.

Estate planning, Last Will & Testement, Probate process

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