Is it Legal to Disinherit Your Children

Full Video Transcript

Unfortunately, sometimes after a death in the family, the children or grandchildren find out that they were left out of the will. This is especially frustrating with blended families were a stepparent appears to receive everything under the will and the kids are left out. Many wonder if it is legal to disinherit someone. Under most state laws, the answer is no. You can disinherit children if you like, however, this can be a very complicated area of law, and serious factual inquiry is sometimes required to determine whether the person accidentally disinherited the child or intentionally did so. The reason is this, the courts strive to follow whatever the person really intended, and if it’s shown that a child was accidentally left out, there may be legal recourse. And, if the stepparent purporting to inherit everything is the only witness to the will, then the will might be declared invalid as unbiased witnesses are usually a requirement. For more information on wills and estate planning, contact an attorney in your area today

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