What to do if you have been Disinherited
Being disinherited can be a shocking experience. Many people only find out that they have been disinherited once the will is read. Unfortunately, courts will generally honor the deceased’s wishes. However, there are a few situations where you can dispute a disinheritance.
First, even though you have been disinherited, you might have an actual legal claim for your inheritance. If you are the spouse of the deceased, the law prevents you from being fully disinherited – generally, you have the right to claim 1/3 to 1/2 of your spouse’s estate, depending on where you live. If you are the deceased’s child, then the will needs to clearly disinherit you. Otherwise, most courts would consider your omission to be an error, and would entitle you to inherit some of the estate.
Another point you can contest is whether the will was valid. A valid will must be in writing, signed and witnessed by 2 or more individuals, and not use vague or contradictory language. If the will is declared invalid, the estate is passed to the deceased’s heirs as required under the law of the state you are in.
A third issue that often comes up is whether the deceased was under undue influence, or had the required mental capacity to make a will. In both instances, the will is presumably not as the deceased would have wanted if everything was normal. If you can prove either undue influence or mental incapacity, then the will might be declared invalid.
If you believe that you have been wrongly disinherited, you should consult with a lawyer as soon as possible. An experienced estate planning attorney can review the situation, advise you of your rights, and let you know what your options are.
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Last Modified: 08-30-2011 11:28 AM PDT
