By Laurie E. Ohall, FL Board-certified Elder Law Attorney
Leaving money to charitable causes, rather than family members, requires careful planning. This is especially true when you have heirs who might have different expectations.
Understanding Legal Rights in Florida
Before making your plans, know who has protected rights to your estate:
- Spouses cannot be completely disinherited in Florida without a valid prenuptial or postnuptial agreement. They’re entitled to at least 30 percent of your estate through their ‘elective share.’ They also have certain entitlements to your homestead.
- Minor children also have certain protections under Florida law.
- Adult children have no automatic legal right to inherit from you, giving you freedom to support causes you value instead.
Making Your Charitable Wishes Legally Sound
Even when you have excellent relationships with your family members, the decision to leave your assets to charity instead of to them can be difficult for heirs to accept. They may have financial expectations or emotional reactions, which can sometimes lead to legal challenges, regardless of your intentions. That’s why it’s important to make your charitable wishes clear. Consider these essential strategies:
- Be explicit in your documents. Specifically name family members and clearly state your intention not to leave them an inheritance. This prevents claims that they were accidentally omitted.
- Understand Florida’s position on ‘no-contest’ clauses. While these provisions may discourage challenges in some states by stating that anyone who contests your will and loses forfeits their bequest, in Florida, these types of provisions are unenforceable.
- Use the right giving vehicles. Options include direct bequests via a will or trust, donor-advised funds, charitable trusts or putting beneficiary designations on life insurance and retirement accounts.
- Consider lifetime giving. Establishing a pattern of charitable giving during your life builds a record of your intentions and may provide tax benefits.
The Importance of Planning Ahead
Remember that your estate plan should reflect your unique priorities. Whether you choose to leave some or all of your entire estate to charity, proper planning ensures your wishes will be honored.
