Can You Really Disinherit Someone?
Every family has disagreements. Some famous families, like the Kardashians, Spellings, and Sheens, might see their trials and tribulations being shared in public, on almost every communication medium imaginable. Fortunately for most of us, and we hope for them as well, whatever issues that cause family disharmony are eventually resolved, and sooner or later, everyone will kiss, make up, and move on.
But sometimes if family discord becomes irresolvable, or, as attorneys say, “irreconcilable”, it can affect not just the family’s present status, but also that of its future. Once in a while one family member may decide to disinherit another family member, either by literally by cutting them from their will or trust documents, or simply by omitting any mention of them.
Now, it may surprise you, but omission is not the legally correct way to disinherit anyone. Even if direct heirs, such as spouses or children, are not named in a will, the court will still treat them as beneficiaries more often than not, and bestow on them a portion of the estate.
Another legal measure that is sometimes employed as a way to disinherit a family member is the “no contest” clause. This is specific language that means a beneficiary will forfeit any inheritance if he or she contests the will or trust. For example, a beneficiary might feel they haven’t been left enough money, or they may have been denied a certain item they were hoping to receive. If that person challenges the will or trust or any of its specific provisions, a “no contest” clause creates a risk for them of losing everything.
The California laws pertaining to disinheritance and related probate issues were updated in 2010. So, if you have an existing will or trust that is in need of changing, updating or review, or if you need to begin formulating a plan, you can turn to Tatiyants Law, P.C. with confidence. If you would like to discuss any estate planning matters, or you simply have questions, please contact us at 818.956.9200.
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