Summary
Heirs named in a will—or those entitled under intestacy laws—don’t always retain their inheritance. Certain legal circumstances can lead to someone being removed as an heir, including disinheritance by a will, legal contests, or disqualification due to misconduct. This article explains when and how an heir can be removed from an inheritance in the United States, what legal rights they may retain, and what steps are required to challenge or confirm such removal.
- A will can explicitly disinherit someone—but only if state law allows.
- Heirs may be removed for legal reasons, such as elder abuse, fraud, or a “slayer statute.”
- In intestate estates, courts follow strict statutory heirship lines—modifying that can be difficult.
- Disinherited individuals may still have rights to contest or challenge the estate in court.
- State laws vary significantly, especially in places like California, New York, and Florida.
Overview
Under U.S. law, heirs typically receive an inheritance based on a will or state intestacy rules if no will exists. However, not all heirs are guaranteed a share of the estate. A testator (the person making a will) can legally remove an heir from receiving assets, often referred to as disinheritance. In other cases, state law may disqualify someone from inheriting due to criminal behavior or fraud. The legality and enforceability of removing an heir depends on how the estate was structured, the jurisdiction, and the specific relationships involved.
Common Challenges
- Family disputes: Disinheriting a child or spouse often leads to litigation.
- Lack of proper documentation: Courts may disregard oral wishes unless they are formalized in a legal will.
- Community property laws: In states like California or Texas, a surviving spouse may have guaranteed inheritance rights, despite disinheritance attempts.
- Mental capacity or undue influence claims: An heir might challenge the validity of a will if they suspect coercion or manipulation.
Step-by-Step Process
1. Understand the Role of the Will
If a will is in place, the document governs how the estate is distributed. To remove an heir, the will must clearly and explicitly exclude them. Some states require the disinherited person to be named specifically with language like “I intentionally make no provision for my son, John.”
2. Know the Exceptions
Some individuals, like spouses or minor children, often have statutory protections. These protections may override the terms of a will unless proper waivers or prenuptial agreements exist.
3. Examine Disqualification Laws
U.S. states have laws that can remove an heir automatically in specific situations:
- Slayer statutes: If an heir is found responsible for the death of the decedent, they are barred from inheriting.
- Elder abuse or financial exploitation: Some states prevent abusive individuals from receiving assets from victims.
- Forgery or fraud in estate documents: These actions can invalidate a person’s right to inherit.
4. Consider a No-Contest Clause
Wills often contain a no-contest clause, which states that if an heir challenges the will and loses, they forfeit their inheritance. While not enforceable in every state, it deters frivolous lawsuits.
5. Seek Court Approval if No Will Exists
In intestate cases, heirs are determined by law. To remove someone, the estate must prove they are not legally entitled—such as through DNA evidence or court declarations.
FAQs
Can a parent legally disinherit their child?
Yes, in most U.S. states, parents can disinherit adult children. However, they should do so clearly in a valid will.
Can a spouse be disinherited?
Rarely. In community property or elective share states (like Florida or New York), spouses have legal rights to part of the estate, even if disinherited.
What is a slayer statute?
It’s a law that prevents someone who intentionally caused the death of the decedent from receiving any portion of the estate.
How do I contest my removal from a will?
You must file a will contest in probate court and provide legal grounds, such as undue influence, fraud, or lack of capacity.
Is verbal disinheritance valid?
No. A person must be disinherited through a legally valid written will or estate plan.
Expert Tips
- Get the will reviewed: An estate planning or probate attorney can verify if disinheritance is legally enforceable.
- Preserve evidence: If you believe coercion or abuse occurred, collect emails, texts, or witness statements early.
- Avoid delay: Most states have strict deadlines for contesting a will or challenging disinheritance.
- Use formal estate plans: DIY or handwritten wills often lead to invalid disinheritance attempts.