Can I Omit a Beneficiary from My Will?



Video Summary



Can I omit a beneficiary from my will? Yes you may omit anyone you like from your will, except for a spouse. If you omit a spouse from your will, well they have a right to take what they call an elective share and they are entitled to 30 percent of whatever you have under your will as well as trusts. So you don't want to omit your spouse unless you a prenuptial agreement or a marital settlement agreement wherein the spouse is waiving the interest in the property.


Another time that you have a problem is as far as omitting or conveying property to whomever you would like is if you have your homestead property and at the time you pass away you are married or have minor children, the Florida statute and Florida constitution restrict you who can leave it to.  If you are survived by a spouse well then you can only leave it to the spouse; you can't provide that she has a life estate and it goes to somebody else after her death; you can leave it outright to her. So it's an invalid devise, so with homestead property.


If you are survived by minor children then you cannot devise the property to anyone.  If you have a spouse also she's entitled to a life estate or she makes an election to a one-half interest and the children are entitled to the other one-half. And that is all the children, not just the minor children.


So usually you can omit any beneficiary, children, whomever you want, adult children, that is, whoever you want in your will.  However, if you are survived by a spouse you can't omit your spouse unless you have a prenuptial agreement without her having rights to take her share of the estate. So if you would like to prepare a will I'd be happy to meet with you.


My phone number is 727-847-2288.