The Most Common Grounds For Disinheritance | RMO Lawyers

Sometimes family members have good reason for disinheriting someone. For example, a parent may have already given substantial assets to a spouse, child or grandchild, and feel like they’ve given enough. To ensure their intentions are followed, they disinherit that person.
0:00 Introduction
0:01 The Most Common Grounds for Disinheritance
0:27 What is the definition of disinheritance?
0:46 Why disinherit someone?
1:18 What are grounds for disinheritance from family trust or will?
1:52 The most common reasons for disinheriting someone
1:57 Previous Inheritance Distribution
2:13 To Balance Out Equities Between the Children
3:12 Lack of Relationship
3:37 Conflict of Interest Over Lifestyle Choices
3:54 What are grounds for disinheriting parents?
5:13 What are grounds for disinheriting a child?
7:34 What are the legal rights of disinherited children?
8:19 What are grounds for disinheriting a spouse?
8:44 Why can't you disinherit your spouse in a will?
10:01 When do I need a probate litigation lawyer?
FULL ARTICLE: rmolawyers.com/common-grounds...
Why disinherit someone?
There are many well-intentioned reasons to disinherit somebody. Commonly, a parent may disinherit a child to whom they have previously given substantial gifts during their lifetime. Because the child already received so much, the parent may leave their estate to their other children to balance out what each child gets.
What are grounds for disinheritance from a family trust or will?
As long as the person is of sound mind and body, with full mental capacity, they may choose to disinherit any beneficiary or heir for any reason, or no reason at all. An exception to this general rule exists in those states that have “forced inheritance” laws that prevent complete disinheritance of children and/or spouses. Of course any heir with an intestate succession right may pursue litigation to seek to recover what they feel is their rightful inheritance.
The most common reasons for disinheriting someone:
Previous Inheritance Distribution
If the parent has given the child their inheritance during their lifetime, it’s quite common for the parent to disinherit that child, simply to balance things out among others who may not have received similar gifts..
Divorce
Upon divorce, it’s common for ex-spouses to legally disinherit each other in their respective wills and trusts.
Lack of Relationship
If a child has no ongoing relationship with a parent, it’s common for the parent to disinherit the child in a will or trust. Of course, where a step-parent, child or caregiver interferes with that relationship, by isolating the parent, for example, undue influence and fraud claims might exist.
Conflict of Interest Over Lifestyle Choices
Sadly, it is all too common for parents to disinherit children simply because of a disagreement over the child’s lifestyle choices.
What are grounds for disinheriting parents?
The most common grounds for disinheriting parents are a Lack of Relationship or a Conflict of Interest, as described above.
What are grounds for disinheriting a child?
The most common reasons for disinheriting a child is a Previous Inheritance Distribution, Lack of Relationship, or Conflict of Interest for Lifestyle Choices, as described above.
If it’s an advanced inheritance distribution, the child has already received their inheritance during the parent’s lifetime.
If it’s a lack of relationship, the parent may feel there is no relationship with the child, and therefore the parent may feel the child does not deserve an inheritance.
If it’s a conflict of interest about life choices, the parent may simply not support the child’s lifestyle choices.
Can I contest or dispute disinheritance?
In most states, a spouse who has not agreed to be disinherited can take legal action against a decedent who disinherited them in a will or trust. Also, disinherited children can take legal action, especially if they can show the decedent disinherited them due to undue influence, duress, or lack of mental capacity.
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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
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[@amandatarkington6877]

My mother was a covert narcisst and left me nothing because she could no longer control me as an adult. SHE is the reason I'm disabled and I could have used that money because I can only work part time. Pure evil!

[@carolmaplesden916]

i am too impatient to do much texting but sufficed to say i can totally understand

[@lynamor2959]

I’m so sorry you were born to this woman. God believes in justice. 🙌. He misses nothing!!!

[@felixyoung380]

I’m with you on that I was ileagal disinherited

[@jennifercooper3547]

The most common answers for a family member’s disinheritance lies in the very way they act and treat others, as you are not guaranteed anything in this beautiful life but what you do for yourself.

[@nidasalvador9705]

Thank u

[@bostwickhess6782]

I need a lawyer because intimidation and threats of false imprisonment have become more threatened

[@offgrid9076]

Hi bostwick why do youz believe youz need a lawyer ? are youz a man or a [wo]man ? Why not common law 👍

[@offgrid9076]

America IS a common law Nation 👍😎🤠 why not move YOUR court in common law 👌

[@lynamor2959]

Thank you for this post! I’m calling a lawyer today!!! My mom was isolated and my kids & I were told not to visit as my mom was scared to DEATH of my sister. (All of a sudden)…My sister would SCREAM into my mother’s cancerous ears, (her whole entire body was ridden with cancer), while on Hospice care, & threaten my mom to leave the business and her with NOTHiNG. (My sister had control of all bank accounts). My kids & I were threatened with imprisonment if we visited my mom. (But my sister called on me & my grand daughter to change my moms dirty pampers)…my mom was a big wig in the city, & my sister was her secretary, so their ties to the small town police were big!! We were all scared to be arrested as even the police threatened us, at times. Oh but how she called on us when she wanted, cuz she couldn’t stand to change my moms diapers. Uuuugh. What narccistic abuse. I know what really means. I lived it my whole life!!! I took good care of my mom, though. To the very end. (When I was allowed to see her)…and I was there when she passed away. After the funeral, I found out that my sister had my mom visit my sisters’ “Notary friend” the week she found that my moms back pain “could be” cancer. Signed everything over to her. The bank accounts were already in my sister and hers’ name. So now my sister shops on Rodeo drive while we live on foodstamps. (I am disabled)…FYI: My dad worked his whole life and left everything to my mom when they divorced. He said if he would have known how mean my sister would get and take over my moms mind like that, he wouldn’t have given my mom all the properties he had bought. (He also was a big wig here)…He passed a couple of years before my mom. #ScapegoatHere. Not sure if both my mom & sis are/were pure NARCCISTS, but I know my sister is a bigger one than my mom!!! 😢. The succession never happened and my sister keeps asking me to “sign here…” I’m not signing ONE THING until I know what a judge thinks!!! #ParentalAlienation #SuccesaionNeeded

[@jillspady6450]

If a child has been disinherited without their knowledge, would they still receive notification of that parents death? Without that knowledge how would they contest any issues?

[@victoriastark3861]

A Drunk.