Can You Be Disinherited From a Will or Trust
Generally the answer is yes. In most states, individuals have the right to decide who their assets will go to when they pass away. This means a parent, relative, or another loved one can legally leave a family member out of a will or trust. However, there are important exceptions. Certain individuals, such as spouses, or in some cases children, may have legal protections depending on state law and the type of estate planning document.
Differences Between Wills and Trusts When You are Disinherited
Wills go through the probate court process. The executor or personal representative named in the will is responsible for opening the probate and following all of the court procedures. The will is a public record once it is filed with the probate court, so it can be viewed by anyone, with limited exceptions.
Trusts usually bypass the probate court when they are used correctly and instead are private documents. Because of this, it may be more difficult to gain access to the trust document and you may need to work with an attorney to assist you.
Challenging a Will or Trust & When You May Still Have Legal Rights
Even if you’ve been disinherited from someone’s estate plan, you may still have legal rights. Some of the most common grounds for contesting a will or trust are when someone lacks testamentary capacity to sign the documents (not competent because of an illness or dementia to understand what he or she is signing) or has been unduly influenced (manipulated or coerced into executing the documents), but there may also be other exceptions as well.
In addition, there may be certain legal rights under the law for family members depending on their relationship to the deceased and what state they live in. The key is to act quickly as there are strict deadlines with filing objections and challenges to a will or trust. Danielle shares details on this in the CBS segment, but it is critical not to delay acting if you have a concern.
What To Do If You’ve Been Cut Out Of An Inheritance From An Estate Plan
You want to start by gaining access to the documents and then contact an attorney that specializes in probate litigation. A probate litigation attorney is different than an estate planning or probate attorney. You want to work with someone who specializes in will and trust fights and that requires a specialized knowledge of the laws so make sure to work with the right attorney.
