The Disinherited Child's Guide to Getting an Inheritance | RMO Lawyers

Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the parent was unduly influenced to disinherit the child, or the parent was not allowed to disinherit the child from the trust created by a deceased parent. Let’s explore these themes.
FULL ARTICLE: rmolawyers.com/disinherited-c...
Is it legal to disinherit a child?
In most states, it is legal to disinherit a child for any reason or no reason at all. In some states, where “forced heirship laws” still exist, a child may only be partially disinherited. Regardless of the level of disinheritance, a child may only be disinherited by a parent with capacity acting without undue influence, meaning they are of sound mind and acting of their own free will. What’s more, if the parent is disinheriting a child for some reason, that reason must be factually accurate. Finally, to disinherit, the parent must have the authority under the will or trust document through which they are disinheriting the child.
How can a child fight disinheritance?
While it may not necessarily be illegal to disinherit a child, there are several claims that a disinherited child may be able to pursue to seek recovery of their rightful inheritance:
Undue Influence or Duress
If a child is disinherited as a direct result of undue influence committed by an abuser, then the disinherited child has a legal case to claim their rightful estate assets. An example of undue influence could be a step-parent withholding sexual relations from the child’s parent unless the child is disinherited. Another example is threat of physical violence or threat of removal of care services by a child against a parent unless the child’s sibling is disinherited. We often see lack of mental capacity or even physical capacity, which create opportunity for the abuser, coupled with undue influence or duress claims.
Mental Incapacity
If it can be demonstrated that the parent was NOT of sound mind when they disinherited the child, then the disinherited child has a legal case to claim their rightful estate assets. An example of mental incapacity could be a parent suffering from cancer who is heavily medicated, or a parent who is schizophrenic and suffering from delusions. It is critical that the mental issue occur at the time the child was disinherited and impact the parent’s functional ability to make such decisions.
Lack of Authority
Often a parent will overstep their ability to disinherit a child and attempt to disinherit the child not only from the portion of the estate that the parent owns/control, but also from the portion of the estate that the previously deceased parent owned and left for the child. The majority of estate plans provide that after the first parent dies, their share of the estate becomes irrevocable, meaning it cannot be changed. Most surviving parents don’t realize this, and either of their own volition or in combination with being unduly influenced they try and disinherit the child from their and their deceased spouse’s shares of the estate. Because the plan was irrevocable and could not be changed, they can’t do that.
What should I do if I think I was disinherited unjustifiably?
Contact a probate litigation attorney the moment you discover you were disinherited. The initial consultation should be free, just ask. We’re always happy to consult.
Have questions? At RMO, we protect people like you everyday.
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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

[@rathernotsay5629]

Thank you, RMO. My case is up in Sacramento, but these videos really help me feel confident in my case in which I found evidence of elder abuse of my late father by his wife.

[@robiness5344]

How about narcissist abuse from a parent making a child go no contact?

[@thothasterianinfinitelovet2765]

God bless you and Rmo what state please tell me you are in Rhode island

[@bigbob4205]

Nice

[@freespeech4all723]

Is this the same principle for a sibling? My brother is the executor. He cut myself and 2 other brothers out of the will. 2 sisters got 7.5 % each. The brother that is the executor is set to inherit 85% Oh...and the will is rewriten by him 3 days before her death after a leg amputation and under heavy morphine to make the pain bearable . Any thoughts? P.S When I suggested we have an impartial judge look at this...my brother the executor who has millions already threatened to remove my children from his will. REALLY?

[@denisethorn8655]

My deceased father disinherted us and he stated in his will that we know why and we dont

[@denisethorn8655]

Does somebody with sundowners disease qualify

[@cosmiccarebear6922]

Does someone affected by narcissism still count as having a sound mind? Lol

[@charlenecantrell5096]

ANY ADVICE? I Turned my father In For Incest/Rape (3yrs old - 17yrs) He SUPPOSEDLY Committed Suicide To Avoid Prison/Jumped Off a Bridge BUT No Body ever Found...(It Took my mother 7 Yrs To CLAIM HIS DEATH VALID.) I BELIEVE $$$ Was Claimed THEN. I BELIEVE I Might Have Been DisInherited/DUE TO MY ACTIONS. ALSO I BELIEVE I Was ALSO EXCLUDED From My Grandmother's Succession. BUT I Can Not Get ANY DOCUMENTS/TRUTH from Estranged Family Of 40 YRS! Where Should I Begin, to Gather Proper Evidence So I Can Pursue THE TRUTH. THANK YOU

[@brianwillson9343]

Wish you were in Oklahoma City ,and I hired you.

[@smallstudiodesign]

Wish you were in Vancouver, B.C. 🇨🇦 - could definitely use such services now.

[@CELINAROSE6]

The parent’s wishes should be followed. Most of the time if somebody is disinherited, they are disinherited for a reason. The person who lives in another state and doesn’t do a damn thing should get nothing.

[@CELINAROSE6]

@@cosmo43095 many of these adult children are already retired and instead of caring for their parents, they are doing who knows what! the parent has a right to disinherit them if they didn’t help at all! i support all caregivers (whether children or not) over absent children. these days elderly are living into their 90s. their kids who are already adults in their 50s, 60s and 70s are already retired. they can take the time to care for their parents. everybody wants to fight over inheritance though.