What Is an Accidental Disinheritance?

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How Can I Control Who Inherits My Property after I Die?

If you die without having a will, your heirs will split your assets according to your state’s intestacy laws. By creating a will, however, you can control who does, and does not, receive your property when you die. A valid will allows you to disinherit someone who would otherwise have inherited your property via intestacy laws by excluding them from your will.

What If I Did Not Mean to Disinherit Someone?

A growing problem with inheritance concerns accidental disinheritance. This kind of disinheritance occurs when you intended to leave something to an heir.  However, due to a faulty will or other problem, your heir does not receive anything. If the person who has been accidentally disinherited is your child or your spouse, other inheritance laws may protect them by ensuring that they will receive something from your estate.

Should I Contact a Lawyer?

If you have any questions about wills or concerns about disinheritance, you should consult with an estate lawyer. Even if you have completed your own will, it is a good idea to have an experienced attorney check it for you. A little expense now can save your family from quite a bit of distress later on.

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Last Modified: 05-19-2014 02:15 PM PDT

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