Rep. Lucido bill clarifies parent’s right to disinherit a child

The House Judiciary Committee has approved legislation introduced by state Rep. Peter Lucido guaranteeing a parent’s right to completely disinherit a child.

Even when a will expressly disinherits a child, Lucido said the Michigan Court of Appeals recently decided a child could still go to probate court and file a claim to receive exempt property, such as household furniture, automobiles, appliances and other personal effects.

“If somebody wants to disinherit a child, they should have that right,” said Lucido, of Shelby Township. “People deserve certainty that their intentions are going to be carried out as directed after they’re gone. It’s time to eliminate this loophole grown children have found to override the wishes of their parents.”

House Bill 4410 allows someone to exclude a child from receiving exempt property by stating in the will that the child should receive nothing from the estate. The bill now advances to the entire House for consideration.