Can estranged children be disinherited?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can estranged children be disinherited?
There were 2 siblings who took care of mom. They have been estranged 20 years or more. Of course the estranged sibling wants a share of what remains once all final expenses are paid. Without a Will, expressly excluding them, I’m pretty sure they cannot be excluded.
Asked on October 17, 2017 under Estate Planning, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
When someone dies without a Will, they are said to have died "intestate". This means that state law will control the distribution of their estate. Typicially, if their is no surviving spouse, the deceased's children split the assets equally, whether or not some or all were estranged from their parent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.