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When an adult child is omitted from their parent’s will

On Behalf of | Oct 16, 2024 | Estate Administration & Probate |

Parents with multiple children often want their estate plans to be as fair and reasonable as possible. It is a common practice for parents to attempt to leave each of their children items of relatively similar value. Some parents go so far as to have the personal representatives of their estates liquidate the majority of their assets and then distribute the proceeds from the sale process among their children evenly.

The adult children of an individual who recently passed often have specific expectations regarding their right to inheritance. Some of those adult children end up disappointed and hurt when they realize their deceased parent didn’t leave them anything.

Can a child denied an inheritance contest a parent’s will by alleging that their omission was a mistake?

Children don’t have an automatic right of inheritance

Contrary to what many people believe, the law does not extend an automatic right of inheritance to the children of someone who dies. If an adult dies without a will, then state intestate succession rules do protect their children. They generally share the estate evenly with one another after distributions pass to the surviving spouse of the deceased parent. Whether that spouse is also their parent influences the overall division of the estate. In cases where the deceased parent created an estate plan, the law does not protect the right of a child to receive an inheritance.

Parents do have the option of disinheriting their children for any reason or no reason at all. That being said, disinheritance usually takes one of two forms. A parent either explicitly mentions the decision to omit one child from the will within the document or leaves them an asset worth a minuscule amount in comparison to what their siblings inherit.

Simply leaving their name out of the will might leave the estate open to litigation. The adult child who did not receive an inheritance could contest the will and make the claim that their omission was a mistake. Depending on the circumstances, including the contents of the will and any supplemental documents created by the decedent, the courts may choose to set aside the will or make adjustments based on the assumption that the omission of one child in favor of the others was a mistake.

Understanding how state law treats the disinheritance of children can help frustrated family members determine whether they have grounds to contest a questionable will. Disinherited children can sometimes contest a will that leaves them nothing.