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Ethics is knowing the difference between what you have a right to do and what is right to do.
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Legal Definitions - disinherit
Definition of disinherit
To disinherit means to deliberately prevent an individual, who would otherwise be expected to receive assets or property after someone's death, from inheriting those assets. This action is typically carried out through a legally valid will or trust, explicitly stating that the person should not receive a share of the estate.
Here are some examples illustrating the concept of disinheritance:
Example 1: Estranged Adult Child
Mr. Thompson, a wealthy entrepreneur, has an adult son with whom he has had no contact for over two decades. In his final will, Mr. Thompson includes a specific clause stating, "I intentionally make no provision for my son, Michael Thompson, and he is to receive none of my estate."
Explanation: Michael, as Mr. Thompson's direct descendant, would typically be considered a primary heir to his father's estate. By explicitly naming Michael and stating his intention to leave him nothing, Mr. Thompson has deliberately disinherited his son, preventing him from receiving any inheritance.
Example 2: Stepchild Raised as One's Own
Ms. Rodriguez raised her late husband's daughter, Sofia, from a young age, treating her as her own child, even though Sofia was never legally adopted. Later in life, Ms. Rodriguez drafts a will that states, "Despite our long relationship, I specifically direct that my stepdaughter, Sofia Perez, shall not receive any portion of my estate."
Explanation: Sofia, having been raised by Ms. Rodriguez and considered part of the family, might reasonably expect to be included in her estate planning. Ms. Rodriguez's explicit statement in her will serves to disinherit Sofia, ensuring she does not receive assets she might otherwise have anticipated.
Example 3: Specific Grandchild
Mrs. Chen has several grandchildren whom she loves dearly. However, due to a significant and irreconcilable disagreement with one particular grandson, David, she decides to leave her entire estate to her other grandchildren and a local charity. In her will, she includes a clause stating, "My grandson, David Lee, is to receive no part of my estate, and I intentionally disinherit him."
Explanation: While grandchildren are not always primary heirs, they frequently receive bequests from their grandparents. By specifically naming David and clearly stating her intention to disinherit him, Mrs. Chen ensures that he, unlike her other grandchildren, will not inherit any of her assets.
Simple Definition
To disinherit means to intentionally prevent an individual, who would typically be a legal heir, from receiving property or assets from an estate after death. This is usually accomplished by explicitly stating such an exclusion within a valid will or other estate planning documents.