Accidental disinheritance can occur when a person unintentionally fails to leave assets to a loved one in their estate plan. This can happen for a variety of reasons, such as overlooking a beneficiary, failing to update a will after a life-changing event, or misunderstanding the legal requirements for passing on property.
Accidental disinheritance can have serious consequences for the loved one who is left out of the estate plan. In some cases, it can result in costly and time-consuming legal battles among family members. For example, if a parent unintentionally disinherits a child, that child may have legal grounds to challenge the will and claim a portion of the estate. This can be a stressful and emotionally draining process for all parties involved.
Maybe a person remarried but failed to see an attorney about a new will. We have seen situations where a second spouse, receives nothing beyond their community share. This can be disastrous when the surviving spouse was not the bread winner, and is left desolate due to lack of proper estate planning by their now deceased spouse.
To avoid accidental disinheritance, it’s important to regularly review and update your estate plan, especially after major life events such as marriage, divorce, or the birth of a child. It’s also important to clearly communicate your wishes to your loved ones and ensure that they understand the details of your estate plan. This can help to avoid misunderstandings and disputes after your death.
In addition, it’s important to work with an experienced estate planning attorney to ensure that your estate plan is comprehensive and legally valid. An attorney can help you to identify potential areas of accidental disinheritance and provide guidance on how to avoid them. They can also help you to navigate complex legal issues, such as tax implications and the distribution of assets in blended families.
If you are concerned about accidental disinheritance, it’s important to take action sooner rather than later. By working with an experienced attorney to develop a comprehensive estate plan, you can ensure that your wishes are carried out and your loved ones are protected after your death.
We have helped hundreds of people get their estate plan in order; we can help you too! Call our office at 832.408.0505 and book your Legal Strategy Session today!