What happens if I don't mention my child in my will?

In many states, a child born after the will was created may still have rights to inherit unless explicitly disinherited.

Disinherit: A Comprehensive Guide to Its Legal Meaning and Process

Q: How can I ensure my wishes are followed?

Consulting a legal professional and using clear language in your will can help ensure your wishes are respected.

Definition & Meaning

Disinherit means to intentionally prevent someone from receiving an inheritance through a will. This can involve removing a person from the list of heirs or explicitly stating that they will not receive anything from the estate. While most states have laws that protect certain heirs, such as spouses and children, disinheritance can still occur with clear language in a will. It is important to note that simply excluding someone from a will may not always be sufficient to disinherit them, as some states have laws that allow children born after the will was created to inherit unless explicitly stated otherwise.

Table of content

Legal Use & context

The term "disinherit" is primarily used in the context of estate planning and probate law. It is relevant in family law, particularly when discussing the distribution of assets after a person's death. Legal documents, such as wills and trusts, often include disinheritance clauses to clarify the testator's intentions. Users can manage disinheritance issues by utilizing legal templates provided by services like US Legal Forms, which can help ensure that their wishes are clearly documented and legally enforceable.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person creates a will stating, "I have provided for my son in my lifetime, and I choose to leave him nothing in this will." This language clearly indicates the intent to disinherit the son.

Example 2: A testator writes, "For personal reasons, I am leaving nothing to my daughter." This explicit statement serves to disinherit the daughter and can help prevent legal challenges. (hypothetical example)

State-by-state differences

State	Disinheritance Rules
California	Allows disinheritance, but children born after the will may still inherit unless explicitly stated otherwise.
New York	Requires clear language in the will to disinherit a spouse; otherwise, they may be entitled to a share of the estate.
Texas	Allows disinheritance, but a spouse cannot be completely disinherited without specific language indicating intent.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Disinherit	To intentionally prevent someone from inheriting through a will.
Exclude	To leave someone out of a will, which may not be sufficient to disinherit them legally.
Omit	To fail to include someone in a will, which may imply disinheritance but lacks explicit intent.

Common misunderstandings

What to do if this term applies to you

If you are considering disinheriting someone, it is crucial to clearly state your intentions in your will. Using legal templates from US Legal Forms can help you draft a will that meets your needs. If your situation is complex or involves significant assets, consulting a legal professional is advisable to ensure your wishes are properly documented and enforceable.

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Quick facts

Disinheritance requires clear intent and specific language in a will.
State laws vary regarding the rights of disinherited heirs.
Commonly disinherited individuals include children and spouses.

Key takeaways

Frequently asked questions

Can I disinherit my spouse?

In most states, you cannot completely disinherit your spouse without specific legal language due to community property laws.