When a loved one passes away, you assume that you’ll be included in the will. For instance, perhaps it is your parent who has passed away. Over the years, you’ve always assumed that you would inherit certain tangible assets, financial assets and much else.
However, as the probate process moves forward, you find that you aren’t actually included in the estate plan at all. Other beneficiaries are mentioned by name, but it says nothing about you. Does this mean that you have been disinherited?
There are a few possibilities
You may have been disinherited, as one way that people do this is simply to remove a beneficiary from their estate plan. However, it’s best if they take a more concrete step to make their intentions clear, such as leaving a minimal inheritance or mentioning you by name and stating that you shouldn’t receive any assets.
Because that didn’t happen, it could be an issue of accidental oversight. Maybe your parents simply forgot to include you in the final draft of the document, even though they certainly intended to.
There could also be issues if someone else altered those documents. For example, maybe you believe that another beneficiary or even the estate administrator deleted the portion of the estate plan linked to you and transferred assets into their own name. Though rare, this type of fraudulent behavior does happen.
Your legal options
Sorting out the details during probate can certainly be a complex process, and disputes are likely when beneficiaries can’t agree. If you find yourself in this position, be sure you understand all the legal options at your disposal.