A Legal MinuteWill contests & capacity
Can Adult Children Be Disinherited
The short answer
This is an attorney question that depends on the specific case, and the clip gives no yes-or-no answer. Generally, the firm looks at timing and whether an event, such as a family fight, came before an adult child was left out of a later document. The speaker says Arizona does not allow disinheriting minor children.
From the full episode Contesting Wills in Arizona: Key Insights and Challenges (19:15).
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Transcript
That's definitely more of an attorney question. It can be very specific to the matter. It's kind of a case-by-case basis. I will just kind of talk in generalities here for a minute.
What we want to look at, as we've discussed previously, is timing. We want to look at: was there an event? I know I've had matters where a child was disinherited after being in a previous document, but there was a fight. There was an issue. So, there was some kind of tiff or something that then led this person to go and disinherit that child. And so, that's something that we do take into consideration with adult children.
I will say in Arizona, you are not allowed to disinherit minor children.
Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.
