What Are the Legal Rights of a Disinherited Child?

What Are the Legal Rights of a Disinherited Child?



Category: Estates | Inheritances

For people expecting to receive an inheritance, it can be a shock to learn that they have been disinherited or left out of a will.

State laws may allow parents to disinherit one or more children when writing a will. There are different reasons why a child may be disinherited. For example, if parents disagree about a child’s lifestyle choices, they may choose to leave them nothing in their will.

Children can also be left out of a will if they have already received their inheritance while their parents are still living. The legal rights of a disinherited child may provide some remedies, depending on the details of the situation. For help understanding this difficult situation, consider working with a financial advisor.

What Is Disinheritance?

Disinheritance means that someone who would otherwise expect to receive assets from an estate is left out of the deceased person’s will or trust. Each state recognizes certain heirs at law who are entitled to inherit, whether there’s a will in place or not.

These heirs at law can include a person’s:

  • Spouse
  • Parents
  • Siblings
  • Children
  • Grandchildren
  • Aunts and uncles
  • Cousins

Some of these people can be disinherited; others cannot. If you’re someone’s heir at law and they choose to disinherit you in their will, then you wouldn’t receive anything from their estate when they pass away. If someone dies intestate, then a different set of rules apply. In that case, the probate court would distribute assets to someone’s heirs according to state inheritance laws.

Disinheritance is not the same as disclaiming an inheritance. When you disclaim an inheritance it means you give up your right to receive any assets that would otherwise come to you as someone’s heir.

Can a Child Be Disinherited?

Generally, yes, it’s possible to disinherit a child and prevent them

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See the original article here: https://finance.yahoo.com/news/legal-rights-disinherited-child-184513072.html


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