Is it Possible to Disinherit a Child? | Wake Forest Will & Trust Attorney
In most states, it is legally permissible for parents to disinherit a child, partially or fully, under their will or trust. However, for disinheritance to hold up, it must generally be free of undue influence and made by a parent who is of sound mind. If you’re dealing with disinheritance issues or need guidance about inheritance laws in North Carolina, consulting your Wake Forest Will & Trust Attorney can help clarify specific rights and provide legal recourse if necessary.
What does the law say about Disinheritance in North Carolina?
While state laws vary, some states enforce “forced heirship laws,” which protect against full disinheritance. North Carolina does not have forced heirship laws for children. However, North Carolina does have spousal rights in place through what’s known as the elective share. This law allows a surviving spouse to claim a portion of the deceased spouse's estate even if they were left out of the will or received less than a statutory share. But children can be legally disinherited in North Carolina unless the disinheritance violates other legal principles, like undue influence or lack of capacity.
What are the Legal Grounds to Disinherit a Child? | Wake Forest Will & Trust Attorney
Parents may have various reasons for disinheriting a child, from family disagreements to more personal issues. Yet, they must have the mental capacity to make such decisions and be free from coercion. If undue influence or mental incapacity is suspected, a disinherited child can challenge the decision.
For example, if a step-parent unduly pressures the parent, a Wake Forest Will & Trust Attorney may advise that the child has grounds to contest the disinheritance.
How Can You Prove Incapacity or Undue Influence?
In cases where a parent’s mental capacity is in question, such as when dealing with illnesses like Alzheimer’s, a child might contest the will. Claims of undue influence often arise when a caregiver or family member manipulates the parent.
As such, to disinherit a child legally, the parent must be aware of their actions and act without influence. A Wake Forest Will & Trust Attorney can help gather documentation and evidence for cases where a parent’s capacity or the presence of undue influence is in question.
What About Mistakes of Fact or Lack of Authority?
If disinheritance is based on false beliefs—for instance, if a parent mistakenly thought their child had a substance addiction—this could be grounds to contest the will. Additionally, many estate plans designate portions of an estate as irrevocable, particularly after one spouse passes away. Surviving parents may unintentionally overstep by trying to disinherit a child from both shares of an estate, including the portion that the deceased parent left for the child. Consulting a knowledgeable Will & Trust Attorney can be critical to addressing any challenges due to lack of authority or mistakes of fact.
How can a Wake Forest Will & Trust Attorney help?
A disinherited child has the right to view documents that outline their disinheritance and challenge it if any of these issues arise. Whether the child is contesting undue influence, lack of capacity, or mistake of fact, a skilled will and trust can help determine if pursuing a case is viable. By acting quickly and working with an attorney, disinherited children can better understand their options and increase their chances of a favorable outcome.
Eldreth Law Firm’s experienced will and trust attorneys are here to provide the support you need, with a wide range of services to help you handle any legal issue with confidence. Be sure to contact Eldreth Law Firm today for more information on their services.
