Disinheritance is when someone who would’ve otherwise received a gift from someone’s estate isn’t left anything. For instance, an individual expecting to get something from his parent’s will is taken out of it.
Individuals can choose to legally disinherit anyone, as long as they’re of sound mind and body, with full mental capacity. They can disinherit anyone for any reason, or no reason at all.
However, there are a few common reasons for disinheriting someone; let’s look at what they are.
Common Grounds of Disinheritance
Previous Inheritance Distribution
If a parent has given a child their inheritance during their lifetime, it’s common for parents to disinherit the child, to balance things out with those who may not have received similar gifts.
Divorce
It’s common for ex-spouses to legally disinherit each other from their wills and trusts after divorce.
A Lack of Relationship
If a child has no ongoing relationship with the parent, it’s common for the parent to disinherit them from the will or trust.
A child can also disinherit their parents. It could be because the parent was absent in the child’s life or abusive, so the relationship deteriorated. In some cases, the parent and child simply drift apart, or the child thinks that the parent will misuse the inheritance.
Conflict Of Interest over Lifestyle Choices
It’s common for parents to disinherit the child simply because they disagree with their lifestyle choices.
Children also disinherit parents over conflicts of interest—such as religion, emotional beliefs, or moral values.
What Are The Legal Rights Of Disinherited Children, Parents, And Spouses?
A disinherited individual has the right to receive a legal copy of the document that purports the disinheritance. They can challenge the purported disinheritance by consulting a probate litigation attorney.
The child may claim that the parent didn’t have a sound mental capacity to make the decision. Whereas, the parent may claim that the child disinherited them under duress or undue influence from someone.
A disinherited spouse also has the right to seek their rightful inheritance by filing a Right of Election in most states.
Hire a Probate Attorney in Reno Today!
If you’re a child, parent, or spouse who recently discovered you were disinherited, you must act quickly to protect your rights by contacting a probate attorney.
If you’re looking for an experienced and proficient probate attorney in Reno, get in touch with Kalicki Collier today!
We also offer tax planning and business planning services to our clients. Contact us here for more information.