Momma Always Loved You Best: Elders Have A Right to be Unfair with Their Legacy

Your children may believe you love one of them more; maybe you do. You may want to disinherit one or more children; whether they deserve it or not. If you didn’t know it, that is your absolute right. However, even though that is your right, unequal inheritance or complete disinheritance of a spouse or relative can get complicated and ugly.

If Medicaid is involved, the spouse receiving benefits may not be completely disinherited. Even if you don't leave your spouse anything in your will,

North Carolina

has a law that keeps a spouse from losing everything, automatically entitling the spouse to what is called the elective share. 

Disinheriting a child is a different story.

North Carolina

has no laws that stop a parent from disinheriting adult and minor children. However, to be crystal clear and on the safe side, if you are leaving a child nothing, specifically explain why and that it is your own choice to do so. If you don't mention a child, it could be argued that you did not intentionally mean to exclude the child.

Disinheriting spouses and children invite family disputes that will be taken to the grave. Caveats and will contests fuel the fires of anger and rage that live on for generations. Our law firm is skilled in providing elders and their families counseling to get you through it all, even if it takes litigation.