The Definitive Guide to Disinheritance | RMO Lawyers

Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved in a disinheritance case, here’s a helpful guide.
FULL ARTICLE: rmolawyers.com...
What’s the definition of disinherited? What does disinherit mean?
Disinherited, in regards to wills and family trusts, means to be excluded from receiving assets, money, or distributions from an estate or trust.
What are the grounds for disinheritance?
The person creating or amending a will or trust (referred to as the settlor, principal, testator, trustor or grantor) has the ability to decide to whom to leave their estate, and what portion of their estate. Similarly, they have the same freedom when deciding to disinherit someone. Generally, in regards to disinheritance, we most frequently see settlors disinheriting a biological child or stepchild. Some of the most typical reasons we see for child disinheritance:
1. No relationship with the child
2. Settlor understands or feels that a well-to-do child doesn’t need more money/assets
3. Settlor has provided support previously or has other support plans for the child
4. Settlor disapproves of the child’s life choices
5. Settlor feels abandoned by a child, especially late in life
Is there a difference between being disinherited and being “left out of a will”?
Colloquially the phrases can be used interchangeably. Legally, there may be a difference. Generally and colloquially, saying that you’ve been left out of a will or trust means that you simply weren’t identified as someone to whom your loved one left a gift or a bequest. This can apply equally to a family member or non-family member who is not mentioned in a will. In such a case, the non-family member has limited legal recourse if he or she was promised an inheritance or distribution. Conversely, a child or spouse may have rights if they were omitted from the document and it was created before the child was born or before the couple married, this is referred to as a pretermitted child or a pretermitted spouse. For more information about intestacy rights and intestate succession: rmolawyers.com...
Can I disinherit my spouse?
The short answer is that it depends. In many states a spouse has legal rights to inherit from their spouse, regardless of the deceased spouse’s stated wishes. In California specifically, a spouse cannot be disinherited from his or her share of the couple’s community property, although the spouse can be disinherited from the deceased spouse’ share of that community property and the deceased spouse’s separate property. These rights may too be affected by a prenuptial agreement or postnuptial agreement. For more information: rmolawyers.com...
Can you disinherit a child?
Yes. In most states, it is legal to disinherit an adult child at the discretion of the Principle creating the will. No legal reason is required to disinherit a child. However, simply “leaving a child” out of a will is not the same as “disinheriting” a child. If a biological child is not mentioned in a will, that child may still have the ability to claim a share of the estate as an omitted or pretermitted child. If you're a disinherited child, read this: rmolawyers.com...
I’ve been disinherited, when should I contact a probate litigation attorney?
The moment you suspect you’ve been disinherited, you should contact a probate litigation attorney near you. Evidence is critical to proving your case, and if you delay critical evidence may be lost. Take advantage of a free consultation and protect yourself and your inheritance.
Have questions? At RMO, we protect people like you everyday.
Learn more at: rmolawyers.com...
Call [phone] or email [e-mail]
Connect With RMO Lawyers:
/ rmo-rahn-muntz-o'grady...
/ rmolawyers
/ probateandtrustlitigators
About RMO Lawyers:
RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

[@pokejongames5171]

Thank you!

[@carlametcalfe4342]

Can I sue my brother?

[@carlametcalfe4342]

What about adopted child

[@inspectorbutters168]

Can I disinherit myself? Can I refuse any inheritance?

[@tinagaines7966]

What if there wasn’t a will and the deceased told me that his retirement profit sharing money would be divided 4 ways between my brother, me and my 2 children. My brother was made beneficiary but when my dad died my brother kept all the money and didn’t give me and my kids any of it. Is there anything you can do?

[@carlametcalfe4342]

Can I fight the will if I don't know why I was disowned?