Legal Question in Wills and Trusts in Illinois

Re: Inheritance

The only person who cannot be disinherited

is a current spouse who survives. Any

child can be disinherited.

Call me at 716-235-2560 to further discuss

Re: Inheritance

Yes, a parent can disinherit children by will in New York State.

Your recourse is very limited. You would have to prove that the will is not valid, and this is a difficult thing to prove.

Re: Inheritance

In New York, if the child is over the age of 21, there is no obligation of support by the parents. Therefore, my answer is yes, a parent may disinherit a child so long as the child is over the age of 21.

Mike.

Re: Inheritance

Under Illinois law, which applies to the estates of citizens of Illinois, a parent can, if competent to make a will, disinherit a child. The child's recorse, then, would be to contest the validity of the will, or the competence of the decedent to make the will, or to seek compensation from any third party who wrongfully convinced the decedent to disinherit the child. The ins and outs of these claims are too complex to describe here. You should hire a competent attorney in the community where your parent lived before the death. Feel free to contact me, if you wish.