What Happens When an Adult Child Is Not Mentioned in a Mother’s Last Will?

If an adult child is not mentioned in their mother's last will and testament, they typically do not have the right to inherit from her estate. In the U.S., unless the child is specifically named as a beneficiary, they are not entitled to any portion of the estate under modern intestate succession laws.

What Constitutes Not Being Mentioned in a Will?

When a person is not mentioned in a will, it means exactly that: they will receive nothing from the deceased's estate. It is important to understand that if you are not listed as a beneficiary, you simply are not entitled to any portion of the assets, regardless of the familial relationship or other considerations.

Can You Contest the Will?

While not being a beneficiary can be emotionally distressing, it is possible to contest the will if you have a valid legal reason. Contesting a will can be an expensive and lengthy process, and it is not advisable unless you have a strong case. Contestation might be considered in the following scenarios:

There is evidence of undue influence or fraud during the drafting of the will. The will was not properly executed (e.g., it was not signed, witnessed, or dated correctly). The deceased was of unsound mind or not lucid at the time the will was created. The will contains a typographical error that could significantly alter the distribution of assets.

Parental Rights and Intending the Estate as They See Fit

It's important to recognize that parents have significant autonomy regarding their estate. If they feel they have already distributed what they consider to be your fair share during their lifetime, they are free to do so and explicitly exclude you from the will. This decision reflects their wishes and potentially bypasses any legal challenges from other family members.

Probate and Taxes

In the event of a parent's passing, the estate will typically go through the probate process. However, there may be certain assets that pass outside the probate process:

Joint Tenancy: Assets held in joint tenancy automatically pass to the surviving co-owner (e.g., the other parent).

Beneficiary Designated Assets: Assets such as IRAs, 401(k)s, life insurance policies, and transfer-on-death deeds are distributed according to the named beneficiaries, bypassing the will.

State-Specific Laws and Omitted Spouses

Some states, like Florida, have laws known as “omitted spouse” statutes. These statutes allow a spouse to contest the will if they are not mentioned and claim a third of the deceased's estate. In such cases, it can create complex legal situations where the rest of the beneficiaries need to adjust their inheritances:

Omitted Spouse Example: If a mother dies, and her husband is left out of the will but the state has an omitted spouse law, the husband can contest the will and claim 1/3 of the estate. This leads to a more complicated distribution among the remaining beneficiaries.

Understanding these nuances is crucial for individuals navigating the estate planning landscape, especially in cases where adult children are not mentioned in a parent's will.

For more detailed information and advice, consider consulting with an estate planning lawyer or legal professional.