What Are My Options If I’ve Been Disinherited from an Estate?

If you’ve been disinherited from an estate, you may think there’s nothing more you can do. However, that’s not always the case. Keep reading to find out what your options are.

What Does It Mean to Be Disinherited?

First, let’s establish what it means to be disinherited. If you were once included in a decedent’s last will and testament to inherit a portion of their estate but are later removed through a rewrite or replacement of the will, you have been disinherited. Likewise, if the decedent creates a will and explicitly states who or what will inherit precise assets, their heirs at law, or blood relatives, may be disinherited if they are not mentioned or if they are specifically excluded.

By creating a will, the decedent establishes who or what they would like their assets to go to after their death, and those not included have few options for changing this.

Why Would Someone Be Disinherited?

Now that we know what disinheritance is, you may be wondering on what grounds someone would want to disinherit a spouse, child, sibling, etc. There are a multitude of reasons one may choose to disinherit someone, ranging from petty to a desire to control or because of other arrangements. Let’s discuss some of the most common reasons.

One reason someone may choose to leave a close relative out of their estate is because they don’t have a close relationship. Whether it be due to a falling out or a dislike for the individual, the decedent may feel they’ve grown too far apart from each other to leave them a portion of their assets.

Another reason is alternative gifting. If the decedent has left them as the beneficiary of another considerable financial distribution, such as a retirement account or a life insurance policy, they may feel it’s unnecessary to also list them as a beneficiary of their estate in their will or trust.

Additionally, a decedent may disinherit a blood relative because they disagree with their lifestyle choices or think they are not financially responsible enough to receive such a valuable inheritance.

Lastly (although this list is by no means exhaustive), the decedent may simply want to give their entire estate to someone or something else. That could be a close lifelong friend, their friend’s child or spouse, or the decedent’s church or favorite nonprofit.

It’s not important to the probate court why someone was disinherited, only that they were.

What Are Your Options as a Disinherited Heir?

It can be quite a shock to realize you have been disinherited, especially if you knew you were once included as the beneficiary of an estate. Some people don’t find out until they receive notice of the estate administration from the trustee or executor. Others may find out from the decedent themselves while they’re still alive.

So what are your options as a disinherited heir? The primary option that may benefit you as a disinherited heir is contesting the estate plan with a valid reason. Here are some valid reasons you could bring before a judge to contest the decedent’s last will and testament. 

If you know and can prove the decedent was not of sound mind or lacked the mental capacity to understand what a change to their will meant, you have a valid reason to contest. Another reason would be if the decedent was under undue influence or was persuaded by someone else to remove you specifically or alter the estate altogether. Likewise, if you suspect the decedent’s signature on the will was forged, this is also a valid reason to contest.

Where the previous reasons had to do with misconduct on behalf of someone else who would benefit from changes to the estate, the following pertain to clerical errors. If you discover undrafted, unexecuted, or improperly executed documents, this could be a reason to contest. Also, if multiple versions of the estate are discovered, this could also be grounds to challenge the validity of the estate being executed.

Discuss Your Options with a Trusted Estate Attorney

If you have good reason to believe you have been disingenuously disinherited, you need an experienced estate attorney you can trust to tell you all your options and help you pick the best course of action. Kristin Waters Sullivan has vast experience in estate planning and probate law to meet your needs. Contact us today!