For whatever reason, parents and their children don’t always get along. They no longer talk to each other and may not even know anything about one another’s current life or situation. In short, they may become estranged from each other and no longer have the connection they once had.
When parents have become estranged from their children, it is important for them discuss and decide how they want to handle those children in their estate plans. One woman recently wrote to the Napa Valley Register to ask about her brother's daughter in "Is daughter really disinherited?"
It was an interesting story and worth the read. In her story, the woman's brother had a child 30 years earlier. The brother had cut off all contact with the child's mother when she was under the age of one. The child was later adopted by her stepfather. I know, sounds confusing…and it is on the surface until it is really analyzed. In his trust, the brother did not mention the daughter by name. However, he used a general disclaimer that he did not want any unnamed relatives to receive anything.
The letter writer wanted to know if this daughter was really disinherited or if she could make a claim against the brother's estate. The goal was to see exactly how legal this really was and if it took into account all the relatives and if they were to be treated fairly, based on the wishes of the letter.
In this case, the answer was an easy one. When the daughter was adopted by someone else, any legal relation between the biological father and the daughter terminated. The daughter cannot claim to be a relative for estate law purposes. However, in cases where a child has not been adopted by someone else, the answer depends on state law. Some states assume that any child not specifically mentioned and disinherited in an estate plan still has claim to the estate. This is designed to protect a child but to also execute the wishes of the parent.
While these examples might seem somewhat straightforward, estranged children can be very complex. If you have any question or issue about an estranged child, definitely talk to your attorney right away to figure out your options. There can be a variety of approaches to how to get this resolved in a very positive manner. And it can be handled much easier when there are plans in place. And if you don’t have an attorney, just give us a call and we’d be happy to talk you through some of your options.