Can aparent disinherita child?

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Can aparent disinherita child?

Father dies and left everything to one child, and nothing to the other.

Asked on November 5, 2010 under Estate Planning, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes a parent may disinherit their child.  The fact is that this happens more than most people think.  Children typically have no right to inherit anything from their parents. As a general rule in such cases there should be specific disinheritance language in the Will.  However, most states do have laws to protect against an accidental disinheritance.  For example, if it appears the parent did not know about a child; or if the child was born after the Will was signed.  In such cases a child may have a right to “elect against the Will”; that is they have a right to certain assets.  Otherwise, if there is a Will and you're not in it, you are unfortunately not entitled to anything.


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