Learning that you’ve been disinherited – completely left out of a parent’s or other close loved one’s will – can be devastating. That’s particularly true if it comes as a surprise.
Parents disinherit children for a variety of reasons. It generally comes down to one of the following:
- The relationship has become irreparably damaged, and parent and child have become estranged.
- The parent believes their other children or loved ones need their assets more, while the disinherited child may be highly successful and financially independent.
- The parent gave the child considerable financial support and/or gifts throughout their life, so they don’t believe an inheritance is warranted. They may give their assets to non-profits instead.
Another common reason is that the child is highly irresponsible with money, and the parent fears they’ll spend their inheritance immediately and unwisely. If they have addiction issues, an inheritance could literally kill them. In these cases, it’s often better to place funds in a trust with directions to the trustee about how and when disbursements are to be made rather than disinherit them.
Why a disinheritance needs to be acknowledged in the will
If a parent chooses to disinherit a child, they should discuss it or at least notify the child of their decision and explain their thinking. This can save the child a lot of pain and confusion later.
Whether the parent does that or not, they should note the disinheritance in their will. Otherwise, it could be perceived as an oversight or something the parent intended to change later.
What can you do if a parent disinherited you?
If your parent disinherited you unexpectedly, and with no reference to it in their will, you may still be able to get a portion of their estate. Under Washington law, you could be able to get the portion you would have received if your parent had died without a will (intestate).
What if your parent made only a vague reference to your disinheritance or what they said doesn’t seem in line with what your relationship was or based on things you know to be untrue? Unless you have relatives who can better explain their actions, you could possibly challenge the will if you believe someone used “undue influence” to persuade your parent to disinherit you or that they were in cognitive decline and perhaps perceived things incorrectly.
This can be a very painful situation. However, if you believe you have grounds to challenge a disinheritance, it’s wise to get legal guidance as soon as possible.