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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