Learning that you’ve been excluded from a parent’s will can be both emotionally devastating and financially significant. While parents generally have the legal right to distribute their assets as they see fit, disinherited children may still have certain protections depending on their age and the specific circumstances involved.
The concept of disinheritance—being deliberately excluded from receiving assets from an estate—affects many families across the country. Understanding your rights and the legal framework surrounding this issue can help you navigate this challenging situation and potentially identify avenues for recourse.
Right to receive a copy of the will
Adult children have the legal right to receive a copy of their parent’s will or trust, even if they’ve been disinherited. This allows them to review the document and understand the terms of their disinheritance.
Right to contest the will
Disinherited children have the right to contest a will or trust if they believe they’ve been wrongfully excluded. However, simply feeling that the disinheritance was unfair is not sufficient grounds for contesting – legal standing is required.
Options available to disinherited children
Finding yourself disinherited can be overwhelming, but several potential avenues for recourse exist. Understanding these options and the legal process involved can help you determine the best path forward.
- Contest the will based on testamentary capacity if you believe your parent was not of sound mind when drafting the will
- Challenge on technical grounds if the will was not properly witnessed or executed according to state law
- Prove undue influence or duress if you suspect someone pressured or manipulated your parent
- Contest it based on factual errors if your disinheritance was based on incorrect information (such as false beliefs about your lifestyle)
- Consult an estate planning attorney and financial advisor to evaluate your case and gather necessary documentation
- Be mindful of deadlines and no-contest clauses, as missing filing windows or challenging a will with a no-contest clause could eliminate your inheritance rights completely
While navigating disinheritance requires careful consideration of both legal and personal factors, understanding your options enables you to make informed decisions about protecting your interests through the probate court process if warranted.