The shock of learning that your parent didn’t include you in their will or anywhere in their estate plan can be devastating on top of such a significant loss. Even if you hadn’t been close in many years, you likely expected to receive something – especially if you have other siblings who did. Is there anything you can do about it?
First, it’s important to know that parents typically have the right to “disinherit” adult children as long as they don’t have special needs like a serious disability and require continued support. However, when parents do decide to leave nothing to an adult child, they should include some kind of explanation or at least an acknowledgement in their estate plan (even if they’ve already informed the child).
This simple communication can prevent challenges to the will, which can be costly for the disinherited heir and the estate. It can also let that disinherited child move on rather than wonder if their parent simply forgot to include them, was influenced by someone else or intentionally left them nothing.
Why some parents leave their children nothing in their estate plan
Parents do sometimes disinherit adult children if the relationship has been damaged beyond repair and they no longer communicate. However, if that estrangement is because a child has become an addict or spent their adult life thus far in and out of prison, there are alternatives like setting up a conditional trust. This can allow them to receive their inheritance under the management of a trustee if they fulfill certain requirements – like getting sober or going back to school.
The most common reason parents disinherit one or more children is that they believe they’ve given them more than enough advantages already — like the best education, seed money to start a business or their first home. They’d prefer to leave their assets to charitable causes.
In some cases, a parent may have supported one child more financially than their sibling(s) because they needed the extra help. For that reason, a parent may opt to leave nothing in their will to that child. As noted, however, parents should make their reason (whatever it is) known – preferably in writing as part of their estate plan.
If you were disinherited by a parent with no explanation to you or anyone else, you may be able to challenge the will if you believe it wasn’t intentional on their part. The sooner you get experienced legal guidance, the better you can determine your options.