Disinheritance by a family member can be a bitter experience. For an individual who is disinherited in Georgia, they are often viewed as estranged from their family. However, disinheritance is not always caused by bitterness, and is sometimes seen by parents or spouses as a reasonable solution to a unique circumstance.
In most cases, however, there are better solutions than disinheritance to address perceived problems. And, in most cases, there are usually a few ways for disinherited individuals to contest their fate.
Why a Child or Spouse Might Be Disinherited in Georgia
Thanks to Hollywood, many people assume that parents exclusively disinherit their children out of spite, but there are many reasons that a parent might choose to disinherit their child or spouse.
Misuse of Funds: A parent might disinherit a child or spouse if they think that receiving money from the estate may cause them more harm than good. This can occur when the child or spouse struggles with drug or alcohol addiction. Alternatively, if a child is mentally or emotionally disabled and is unable to manage their own funds, a parent might disinherit that child and hope that other family members will use their additional inheritance to assist the disabled child.
Financial Needs: A parent may believe that one or more of their children is financially well-off and does not need an inheritance. The parent may want to allocate more for the less financially well-off children. In the same vein, if a parent feels that they have already financially contributed heavily to one child, they may disinherit the child to be “fair” to the others.
Irreconcilable Relationship: Of course, a person may disinherit a child or spouse due to the nature of their relationship with that person.
While these all may seem to be reasonable grounds for disinheriting a child or spouse, there are typically options besides disinheritance that accomplish the same goals without the emotional toll of disinheritance. For example, a parent can create a trust with special stipulations for a child who is disabled or who struggles with addiction.
While it might seem fair to disinherit a financially well-off child, situations can change. A parent may choose to incorporate a power of appointment instead, thereby giving a third party authority to redistribute certain estate assets should circumstances change after the will is executed.
How Easy is it to Be Disinherited in Georgia?
Most states have very few roadblocks to disinheriting adult children and spouses. Georgia, however, has a unique law that prevents one from totally disinheriting their spouse. Georgia’s Year’s Support law permits spouses and minor children to apply to the probate court to set aside assets from the estate with a value sufficient to support them for one year after the decedent’s death. Once approved, Year’s Support has first priority for distribution from the estate, meaning that Year’s Support will be funded first, regardless of whether the estate has sufficient assets to pay creditors or named beneficiaries.
If a testator wants to disinherit a child or spouse (to the extent permitted in Georgia), it is best to make sure that the will expressly states that the disinherited person has intentionally been excluded. Otherwise, and depending on the language employed, a court may conclude that the omission of the child or spouse from the will was a mere oversight.
How Can I Dispute Being Disinherited in Georgia?
Because there are few roadblock to disinheriting someone, it can be difficult to challenge a will where you have been disinherited. There are a few grounds, however, on which they might base a will contest:
Mistake: If one child’s name is omitted from a bequest that names all of the testator’s other children, the omitted child may be able to succeed on a will contest alleging that the omission was merely a mistake by the testator.
Undue Influence: If a disinherited child can show that the parent was under duress or coercive influence at the time the will was signed, they may be able to contest the will on that ground. Undue influence may come from within the family, as with a stepparent or sibling, or from other sources, such as a caretaker.
Lack of Testamentary Capacity: A will contest may also be based on the ground that the testator was not of sound mind when they signed the will.
We Can Help if You’ve Been Disinherited
If you feel that you were wrongly disinherited, we can help you find the best solution. When you contact our law office at 404.892.9797, you’ll be in touch with the premier will and trust litigators for the state of Georgia.
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Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
