Proving Inheritance Rights

The last will and testament of an individual is meant to serve as a statement of their wishes upon their death.  Inheritance law dictates that, where possible, assets should be distributed in close accordance to the written will.  However, there are some circumstances where a will makes improper omissions, and in such cases, people who are lawfully entitled to assets may encounter inheritance difficulty.

Rights of the Spouse

Even if omitted in a will, it is generally illegal for a surviving spouse to be completely barred from received assets of their deceased spouse.  While specific laws vary by state, the rules of intestate succession establish that the surviving spouse is entitled to about one-half of the estate of the deceased spouse, regardless of what the will states.

Preventing Disinheritance

While children are not expressly entitles to the assets of their parents by law, there is an inheritance law that seeks to prevent children from being accidentally omitted from a will.  In these situations, provided there is sufficient inheritance proof (i.e. proving that the individual truly is the child of the deceased), the individual may collect in accordance with the sentiment of the will. 

Accidental Omission

An example is man who writes his will and leaves his estate to his 4 children in equal shares.  If a 5th child is born six years after the will is created and that child is never added to the will, inheritance law can allow that child to collect under the theory of accidental omission. 

Proving Inheritance Rights Legal Help

If you believe that you were improperly omitted from a will, you should seek legal guidance from an experience estate attorney.  Understanding the law will help you assess your options and make the decision that is best for you and your family.