How to Disinherit a Child in Ohio
Disinheriting a child is a deeply personal decision, often considered during a difficult or emotional season of life. Sometimes a relationship has broken down. Sometimes one child already has significant resources, and the others need more support. Sometimes parents simply want to distribute their estate differently than the default rules allow. Whatever the reason, it is your estate and your decision. But in Ohio, disinheriting a child requires more than just leaving them out of your will.
In the video and article below, I explain what really goes into disinheriting a family member and what you should understand before moving forward.
What Disinheritance Really Means
When you disinherit someone, you are intentionally removing them from anything they would have received through your estate plan. This includes your will, your trust, and any transfer‑on‑death or beneficiary designations. Many people are surprised to learn that simply leaving a child out of a will is not enough in Ohio. Children and spouses receive additional legal protections, which means the court wants clear evidence that the omission was purposeful.
What Ohio Law Actually Requires
Ohio law does not allow you to disinherit a lawful heir just by using words of exclusion. Courts have said that “a testator cannot, by any words of exclusion used in his will, disinherit one of his lawful heirs, in respect to property not disposed of by his will.” Crane v. Exrs. of Doty, 1 Ohio St. 279 (1853), syllabus. They have also said that “the heir at law can be disinherited only by a devise of the property to another.” Mathews v. Krisher, 59 Ohio St. 562, 574, 53 N.E. 52 (1899).
In plain English, this means your will or trust needs to give your property to someone else on purpose. If your plan directs all assets to a trust through a pour-over will, a child you want to exclude is likely disinherited. However, if your plan does not completely distribute every asset, any leftover property that is not given to a person or entity can still pass to that child. This also assumes your will was executed correctly. If the will was not executed correctly, it may be considered invalid, and your estate could follow Ohio’s default inheritance rules, which could allow the child to inherit.
Why Disinheriting a Child Requires Specific Language
Ohio courts look closely at situations where a child is excluded. If that child challenges the will, the court wants to know the parent did not simply forget to mention them. This is why your will needs clear, intentional wording. A strong estate plan will acknowledge the child by name, state that they are being intentionally excluded, and briefly explain why. The explanation does not need to share personal details. It simply needs to show that you made a deliberate choice.
This clarity reduces the risk of your wishes being questioned during probate.
How a Nominal Gift Helps Prevent Legal Challenges
To further protect your intentions, many estate planners recommend leaving the disinherited child a small, nominal amount such as one dollar. Although symbolic, this small gift demonstrates that you considered the child and did not overlook them. If the child later argues that the omission was accidental, this small gift helps show that the choice was intentional. It also helps prevent some of the most common will challenges.
When to Seek Legal Guidance
Disinheriting a child is a sensitive decision, whether it is driven by family dynamics, financial considerations, or long‑standing concerns. Because Ohio has strict rules about how disinheritance must be documented, working with an estate planning attorney is the best way to ensure your wishes are honored. The right structure and language can prevent confusion and protect your other beneficiaries from a legal dispute.
Conclusion
It is possible to disinherit a child in Ohio, but your estate planning documents must clearly acknowledge the child and state that the exclusion is intentional. Adding a small, nominal gift can further protect your wishes. With careful planning and the right guidance, you can create an estate plan that reflects your intentions and reduces the likelihood of future challenges.
If you need guidance or want to update your estate plan, contact our office to schedule a paid consultation with an experienced attorney.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article and the accompanying video are provided for informational purposes only and are intended as general guidelines. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
