# Can you disinherit a parent?

**URL:** <https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660>\
**Category:** Factual Questions\
**Created:** [October 15, 2003, 10:32pm UTC](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660 "2003-10-15T22:32:02Z")\
**Posts on this page:** 4\
**Page:** 2

<div class="post-metadata">

**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\
**Post date:** [October 21, 2003, 10:06pm UTC](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660/21 "2003-10-21T22:06:30Z")

</div>

> [@](#):
>
> \*Originally posted by SunTzu2U \*  
> \*\*:
> 
> A. There are only 11 states which use common law of which Louisiana is one (imagine that).
> 
> \*\*

Cite?

---

<div class="post-metadata">

**Author:** ![SunTzu2U](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@SunTzu2U](https://boards.straightdope.com/u/SunTzu2U)\
**Post date:** [October 22, 2003, 3:14am UTC](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660/22 "2003-10-22T03:14:55Z")

</div>

“Fundamentals of Estate Planning” 2nd edition published by The American College ISBN # 1-577996-0

Page 1-5 paragraph 2.

> [@](#):
>
> …the inheritance of property is controlled by the laws of the individual states, the majority of which are based on British common law. In these, the right of dower has been replaced with statutory requirements that a surviving spouse must receive at least a portion of a deceased spouse’s estate. Nine states–Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin-- follow community property laws that provide that property belonging to married couples is shared equally, guaranteeing equal ownership of the property common to their marriage.

I’m corrected by it only being 9 states instead of 11.

When I refered to common law I meant community property common law.

---

<div class="post-metadata">

**Author:** ![xanadu](https://avatars.discourse-cdn.com/v4/letter/x/c4cdca/32.png) [@xanadu](https://boards.straightdope.com/u/xanadu)\
**Post date:** [October 22, 2003, 4:54am UTC](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660/23 "2003-10-22T04:54:10Z")

</div>

you guys make me happy ;j

---

<div class="post-metadata">

**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\
**Post date:** [October 22, 2003, 11:12pm UTC](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660/24 "2003-10-22T23:12:31Z")

</div>

> [@](#):
>
> \*Originally posted by SunTzu2U \*  
> \*\*“Fundamentals of Estate Planning” 2nd edition published by The American College ISBN # 1-577996-0
> 
> Page 1-5 paragraph 2.
> 
> I’m corrected by it only being 9 states instead of 11.
> 
> When I refered to common law I meant community property common law. \*\*

This doesn’t make sense. Community property is not a common law concept. Rather the opposite, in that community property is established by statute in every state that I’m aware of.

Your cite addresses two concepts, ASAIK correctly. 1) The \*\*majority \*\*of states base their law on common law, rather than civil law. (Not 9 or 11.)

1. There are 9 community property states.  
The two statements in your source are separate. The second group (community property) is not set forth as a subset of the first (common law states).

[Previous page](https://boards.straightdope.com/t/can-you-disinherit-a-parent/207660.md?page=1)