Can you Disinherit a Child in Ohio? Estate Planning Attorney Explains
Disinheriting a child is a deeply personal decision that often comes with legal complexities. If you’re considering this step in Ohio, it’s important to understand what the law requires to make your wishes clear and enforceable.
Why Simply Saying “They Get Nothing” Isn’t Enough
There are times when, for whatever reason, a relationship with a child has deteriorated so far that you do not want them to take under your will. In Ohio, it’s not enough to say “and that child will get nothing” under the will. To make sure that your will isn’t challenged on that provision, you’re going to have to be a little more specific.
What Ohio Law Says About Disinheritance
The law in Ohio is 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. “[T]he 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 English, this means that if the property was specifically provided to another, such as to a trust or to another person, then the child is disinherited. If it was a pour-over will, i.e. one that puts all of an estate’s assets in trust, then the child is likely disinherited.
If the will didn’t COMPLETELY allocate all of the assets of the estate, then the child is still entitled to whatever assets were not specifically allocated to a person or entity.
This assumes that the will was executed correctly. If it was not, then the bequests are invalid, and the property passes from ordinary descent and distribution, and the child would be entitled to take under the estate.
Conclusion
Disinheriting a child in Ohio requires careful planning and precise language in your will. Simply stating exclusion isn’t enough—you must ensure all property is properly allocated to others. Working with an experienced attorney can help you avoid costly mistakes and ensure your wishes are honored.
Our team at N.P. Weiss Law is here to help you navigate the complexities of disinheritance in Ohio.
Book a paid consultation now or contact our office to see how we can help.
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. He 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.
