Leaving Someone Out of Your Will
There are many reasons why you may decide not to include a family member or relative to benefit from your Will or Trust (for this article referred to generically as "Will"). Among them may be that that person does not need the inheritance, and another that for circumstances considered important to you they do not deserve an inheritance.
There are people that you can disinherit and people, given particular conditions that you may not be able to disinherit. These include your spouse, minor children, and sometimes adult children. In Oregon a spouse has the right to up to 33% of your probatable and non-probatable estate depending on a number of factors. Minor children, children under 18 years of age, have a right to receive the amount they would have received if you had died intestate. Adult children may succeed in an attempt to challenge a Will if they can successfully prove to the Court that leaving them out of your Will was the result of certain factors, among them, undue influence, or that you lacked legal capacity at the time you created the Will.
The parameters of effectively disinheriting can be detailed and involved. It is best to seek legal advice where this is your intent in order to do so in a manner that will reduce or circumvent entirely the prospect of a court challenge to your Will.
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