Can aparent disinherita child?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can aparent disinherita child?

Father dies and left everything to one child, and nothing to the other.

Asked on November 5, 2010 under Estate Planning, Tennessee

Answers:

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

Answered 13 years ago | Contributor

Yes a parent may disinherit their child.  The fact is that this happens more than most people think.  Children typically have no right to inherit anything from their parents. As a general rule in such cases there should be specific disinheritance language in the Will.  However, most states do have laws to protect against an accidental disinheritance.  For example, if it appears the parent did not know about a child; or if the child was born after the Will was signed.  In such cases a child may have a right to “elect against the Will”; that is they have a right to certain assets.  Otherwise, if there is a Will and you're not in it, you are unfortunately not entitled to anything.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption