If a parent dies and a minor child is not specifically named in the Will or Trust, are they entitled to a portion of assets?

UPDATED: Sep 30, 2022

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If a parent dies and a minor child is not specifically named in the Will or Trust, are they entitled to a portion of assets?

Do they have a right to a copy of the Will/Trust?

Asked on February 16, 2016 under Estate Planning, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A parent can disinherit their child as long as they specifically state in the Will that this is their intent. If they don't say that they’ve intentionally left nothing to their child, the law may presume that the parent simply forgot them and the court might award them assets. Also, if they were born after the Will was signed they will be entitled to part of the estate as well. Additionally, as a child of the deceased, they are deemed to be an "interested party", so they have a legal right to see a coy of the Will.

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