# Right/Fair? Purposely left out of inheritance! **URL:** \ **Category:** In My Humble Opinion\ **Created:** [February 26, 2013, 1:13am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396 "2013-02-26T01:13:14Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Yorikke](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yorikke/32/4335_2.png) [@Yorikke](https://boards.straightdope.com/u/Yorikke)\ **Post date:** [February 27, 2013, 2:12pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/41 "2013-02-27T14:12:39Z")
> [@Sassyitis](#): > > For the record, I agree that your children aren’t ‘owed’ or have the right to receive inheritance. If the shoe was on the other foot, our extended family would step in to make sure my brother got a fair share! I guess it boils down to ‘morals’ and lack there of! Clearly, you DO think you are “owed” something, or there would be no concept of “a fair share.” ---
**Author:** ![LurkerInNJ](https://avatars.discourse-cdn.com/v4/letter/l/ed655f/32.png) [@LurkerInNJ](https://boards.straightdope.com/u/LurkerInNJ)\ **Post date:** [February 27, 2013, 5:00pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/42 "2013-02-27T17:00:25Z")
> [@Sassyitis](#): > > We were in the process of buying a home, my father said don’t, this house will be yours. He even put new plumbing in and started remodeling little things, thinking I would like the changes. Why on earth would you want to live in the house of the man who molested you for 10 years? I would think think that new plumbing wouldn’t make it all a-ok. Speaking for myself, I think I would want to piss on the ashes of that place. ---
**Author:** ![FrankJBN](https://avatars.discourse-cdn.com/v4/letter/f/f0a364/32.png) [@FrankJBN](https://boards.straightdope.com/u/FrankJBN)\ **Post date:** [February 27, 2013, 6:38pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/43 "2013-02-27T18:38:17Z")
Don’t apologize gigi. Carnal K keeps saying this, but I’ve asked him to state where he thinks this is true, he/she fails to respond, just repeats that it’s “some places” ---
**Author:** ![Baron\_Greenback](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/baron_greenback/32/48_2.png) [@Baron\_Greenback](https://boards.straightdope.com/u/Baron_Greenback)\ **Post date:** [February 27, 2013, 7:43pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/44 "2013-02-27T19:43:17Z")
> [@FrankJBN](#): > > Don’t apologize gigi. Carnal K keeps saying this, but I’ve asked him to state where he thinks this is true, he/she fails to respond, just repeats that it’s “some places” I know it’s not germane to the OP, but Scotland is such a place. Children are entitled to a share of the moveable estate. ---
**Author:** ![nicole1912](https://avatars.discourse-cdn.com/v4/letter/n/9de0a6/32.png) [@nicole1912](https://boards.straightdope.com/u/nicole1912)\ **Post date:** [February 27, 2013, 8:19pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/45 "2013-02-27T20:19:17Z")
> [@FrankJBN](#): > > Don’t apologize gigi. Carnal K keeps saying this, but I’ve asked him to state where he thinks this is true, he/she fails to respond, just repeats that it’s “some places” It’s true in France, from what I understand - your children are entitled to inherit a certain amount of your estate. [http://france.angloinfo.com/money/pensions-wills/inheritance-law/](http://france.angloinfo.com/money/pensions-wills/inheritance-law/) isn’t legislation, but it does explain the rules as I understood them. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [February 28, 2013, 12:04am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/46 "2013-02-28T00:04:25Z")
This reads like a bad Lifetime movie! But, assuming it’s true and we’re not just being played: According to [this site](http://www.alveslaw.com/inheritance_rights_probate_attorney_ri_ma.html), she generally doesn’t have a right to anything, BUT, there can be exceptions: > [@](#): > > Children’s Inheritance Rights > > Children are not usually entitled to inherit anything of their parent’s estate. Children may be entitled to claim a share of their parents’ property upon the death of their parents, and most states have laws that protect against children being accidentally disinherited. The circumstances where a new child is not listed along with their siblings, will leave the Court to decide that the parents simply never had the chance to revise the Will to include the new child and they will inherit along with their siblings in equal shares. > > In some states the head of the family is prohibited from leaving the familial residence to anyone other than the surviving spouse or minor child. And some states include not only the children, but grandchildren if a child of the decedent has died. > > If you want to purposely leave anyone from inheriting any portion of your estate, you must specify and stipulate those very words in the body of your Will or Trust. Otherwise, the Court will follow the laws set for inheritance rights in your State at the time of your death. So take a look at the will. You probably don’t stand a chance, but it never hurts to do some research. Note: I’m not a lawyer, and that’s just a random cite on the internet. I’d talk to someone with a little more knowledge. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 28, 2013, 12:14am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/47 "2013-02-28T00:14:18Z")
> [@FrankJBN](#): > > Don’t apologize gigi. Carnal K keeps saying this, but I’ve asked him to state where he thinks this is true, he/she fails to respond, just repeats that it’s “some places” In addition to the above mentioned countries it is also true in British Columbia. Not sure abiut other Canadian jurisdictions. I would think it varies by state in the USA. What makes you so sure of your position? I have a feeling you are talking out of your ass. 🙂 ---
**Author:** ![OleOneEye](https://avatars.discourse-cdn.com/v4/letter/o/f14d63/32.png) [@OleOneEye](https://boards.straightdope.com/u/OleOneEye)\ **Post date:** [February 28, 2013, 12:21am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/48 "2013-02-28T00:21:17Z")
> [@LurkerInNJ](#): > > Why on earth would you want to live in the house of the man who molested you for 10 years? I would think think that new plumbing wouldn’t make it all a-ok. > > Speaking for myself, I think I would want to piss on the ashes of that place. As a practical matter, she’s homeless, and he’s dead and can’t molest her any longer. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [February 28, 2013, 12:59am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/49 "2013-02-28T00:59:53Z")
> [@CarnalK](#): > > In addition to the above mentioned countries it is also true in British Columbia. Not sure abiut other Canadian jurisdictions. I would think it varies by state in the USA. What makes you so sure of your position? I have a feeling you are talking out of your ass. 🙂 Without doing the research, I would be very surprised to discover any state (except one) prevents a parent from deliberately disinheriting a child. Some states have stronger laws than others with respect to protecting the rights of a child who is accidentally left out of the will. But a parent who deliberately and specifically disinherits one natural child in favor of other natural children can generally do so. The one exception that wouldn’t surprise me is Louisiana, because Louisiana state law derives from civil code rather than common law, and I am familiar with other civil code jurisdictions – like France – that have such provisions. In the Dominican Republic, as I understand it, by operation of law the family domicile passes in equal measure to the surviving spouse and all surviving children. That is, the spouse inherits half and the remaining half is distributed amongst all children. Now, this is in no way my area of law – I have nightmarish recollections of Property and no idea how I passed. The best thing the OP can possibly do is consult an attorney licensed to practice in her jurisdiction. My musings are not intended to be legal advice. ---
**Author:** ![Sassyitis](https://avatars.discourse-cdn.com/v4/letter/s/4bbf92/32.png) [@Sassyitis](https://boards.straightdope.com/u/Sassyitis)\ **Post date:** [February 28, 2013, 1:07am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/50 "2013-02-28T01:07:27Z")
What I feel ‘owed’ is the random things you leave when you m ---
**Author:** ![Yorikke](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yorikke/32/4335_2.png) [@Yorikke](https://boards.straightdope.com/u/Yorikke)\ **Post date:** [February 28, 2013, 1:19am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/51 "2013-02-28T01:19:49Z")
> [@Sassyitis](#): > > What I feel ‘owed’ is the random things you leave when you m isplace your medication? ---
**Author:** ![Sassyitis](https://avatars.discourse-cdn.com/v4/letter/s/4bbf92/32.png) [@Sassyitis](https://boards.straightdope.com/u/Sassyitis)\ **Post date:** [February 28, 2013, 1:34am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/52 "2013-02-28T01:34:49Z")
WoW… I hit the send button before I finished… BUT thank you! That was a little harsh! ---
**Author:** ![Honey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honey/32/5074_2.png) [@Honey](https://boards.straightdope.com/u/Honey)\ **Post date:** [February 28, 2013, 1:51am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/53 "2013-02-28T01:51:13Z")
> [@Sassyitis](#): > > WoW… I hit the send button before I finished… BUT thank you! That was a little harsh! I agree. ☹ ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 28, 2013, 2:07am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/54 "2013-02-28T02:07:32Z")
> [@Bricker](#): > > Without doing the research, I would be very surprised to discover any state (except one) prevents a parent from deliberately disinheriting a child. > > Some states have stronger laws than others with respect to protecting the rights of a child who is accidentally left out of the will. But a parent who deliberately and specifically disinherits one natural child in favor of other natural children can generally do so. > > The one exception that wouldn’t surprise me is Louisiana, because Louisiana state law derives from civil code rather than common law, and I am familiar with other civil code jurisdictions – like France – that have such provisions. In the Dominican Republic, as I understand it, by operation of law the family domicile passes in equal measure to the surviving spouse and all surviving children. That is, the spouse inherits half and the remaining half is distributed amongst all children. > > Now, this is in no way my area of law – I have nightmarish recollections of Property and no idea how I passed. The best thing the OP can possibly do is consult an attorney licensed to practice in her jurisdiction. My musings are not intended to be legal advice. As you are probably aware, Quebec law, similar to Louisiana, derives from civil code rather than common law but the case I found was a BC decision that was finally decided by the Supreme Court of Canada. I don’t have time now to see what the standing laws are in Quebec. It makes me think your guess work isn’t something I should rely on. ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [February 28, 2013, 2:09am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/55 "2013-02-28T02:09:53Z")
Anybody else constantly misreading the OP’s username as “SassyTits”? Just me, then? ---
**Author:** ![yellowjacketcoder](https://avatars.discourse-cdn.com/v4/letter/y/4bbf92/32.png) [@yellowjacketcoder](https://boards.straightdope.com/u/yellowjacketcoder)\ **Post date:** [February 28, 2013, 1:07pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/56 "2013-02-28T13:07:11Z")
> [@Bob Ducca](#): > > Anybody else constantly misreading the OP’s username as “SassyTits”? > > Just me, then? Not just you. 😛 ---
**Author:** ![Irishman](https://avatars.discourse-cdn.com/v4/letter/i/b487fb/32.png) [@Irishman](https://boards.straightdope.com/u/Irishman)\ **Post date:** [February 28, 2013, 5:25pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/57 "2013-02-28T17:25:48Z")
You can probably make a case for things that are your possessions that were in the house at the time, even if the estate is found to go solely to your brother. You will need to consult a local attorney for that. You might could sue your brother for the things he stole of yours previously. Might be a challenge if you never filed a police report. Consult a local attorney. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [February 28, 2013, 8:38pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/58 "2013-02-28T20:38:09Z")
You need a lawyer. Or rather, if you want any chance, you need a lawyer. Parents can typically disinherit their children, certainly adult children, but there are various protections to ensure they do it on purpose (i.e., in some states, the testator has to make clear that they are excluding a child, although I don’t recall if that applies to adult children or only minors). And if the will is very old, preceding your birth, then you might be read into it, although it doesn’t sound like this is that circumstance. But there might be other grounds to challenge the will – either the potential that your brother was exercising undue influence on your father, or that there are technical faults with the will that would render it void, meaning it would pass through intestate succession (and that, typically, means each child gets an equal share). But let’s be clear, both of those types of case are not often successful. But they are a possibility. And it sounds like civil claims might lie between you and your brother and possibly your father’s estate, although it also sounds like you might have statute of limitations problems with those. In any case, consultation with an attorney is the proper course, just don’t be surprised when she says there’s nothing to be done. –Cliffy ---
**Author:** ![Sassyitis](https://avatars.discourse-cdn.com/v4/letter/s/4bbf92/32.png) [@Sassyitis](https://boards.straightdope.com/u/Sassyitis)\ **Post date:** [February 28, 2013, 11:53pm UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/59 "2013-02-28T23:53:08Z")
Thank you everyone for your input. I will check with an attorney. ---
**Author:** ![Doggo](https://avatars.discourse-cdn.com/v4/letter/d/87869e/32.png) [@Doggo](https://boards.straightdope.com/u/Doggo)\ **Post date:** [March 1, 2013, 10:55am UTC](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396/60 "2013-03-01T10:55:36Z")
> [@BlakeTyner](#): > > I agree with the above posters, and will only add that I’d recommend that you try to get away from any expectation that life will be “right/fair,” as much (most?) of the time, it probably won’t be. That’s the only truth. Life isn’t fair. Apart from counselling, which is always a good idea, you may just have to accept that you aren’t any worse off than if he’d left nothing. My father passed away, and the only reason that I got anything was that he hadn’t updated his will in 40 years, but even if I hadn’t got anything, I wouldn’t be worse off than I was the day before being told I was getting something. In fact, I hadn’t expected anything at all. [Previous page](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396.md?page=2) [Next page](https://boards.straightdope.com/t/right-fair-purposely-left-out-of-inheritance/651396.md?page=4)