Dealing with the loss of a loved one in California is never an easy time. Sometimes, this situation can become even more overwhelming for a disinherited child. Understandably, receiving the label of a disinherited child can make you feel helpless. However, it’s important to note that you still have rights. Here’s more information about the legal rights of disinherited children.
Why does a disinheritance happen?
In most cases, disinheriting someone is a personal decision that isn’t easy for parents to make. Disinheritance can happen because a parent or parents no longer have a good relationship with their children. A disinheritance can also happen if a parent gave inherited assets to a child before passing away.
Your rights as a disinherited child
The exact laws about what you can do as a disinherited child vary by state. However, in most situations, any disinherited child has the legal right to get a copy of their parent’s trust or will. This child also has the right to engage in probate litigation to contest either a will or trust.
It’s important to note that you must have a valid reason to contest your disinheritance. For example, stating that your disinheritance is unfair won’t qualify you to gain anything. However, you can contest a will if it wasn’t properly witnessed or you suspect your parent wasn’t of sound mind while signing it. You can also contest a will or trust if you suspect that your parent was under any undue influence while drafting their will or trust.