Don't Make This Mistake and Lose Your Children's Inheritance

Estate Planning Mark Daya April 2, 2023

Losing an inheritance can be a painful experience, especially if it's due to poor estate planning. Unfortunately, this is a scenario that many families find themselves in, and it can have serious emotional and financial consequences for those involved.

One common situation is when a step-parent inherits the family home, leaving the deceased spouse's children with nothing. This can be a challenging and distressing experience for the children, who may feel that their parent's wishes have been ignored, and they are left without the financial security they were hoping for.

In a case we just dealt with, a daughter's mother passed away, and her step-father gained full title of the house. It's unclear whether this reflects the mother's wishes or the result of poor estate planning. Regardless, the daughter finds herself without the inheritance she was hoping for, and she is struggling to come to terms with this situation. 

In this scenario, it's essential to understand the legal rights and options available to the daughter. She may have some claim to the property, either through the will or through intestate succession laws. However, these claims can be difficult to enforce, especially if the step-father has taken steps to protect his ownership of the property.

One option is for the daughter to consult with an attorney who specializes in estate planning and probate law. The attorney can help her understand her legal rights and options and assist her in contesting the will or pursuing other legal avenues to protect her interests.

Alternatively, the daughter may try to negotiate directly with her step-father. However, these discussions can be challenging, and it's essential to approach them carefully to avoid exacerbating an already tense situation.

Regardless of the approach taken, it's essential for the daughter to seek support and guidance during this challenging time. Losing an inheritance can be an emotional and stressful experience, and having a network of family, friends, and professionals to rely on can be invaluable.

In conclusion, losing an inheritance due to poor estate planning can be a devastating blow. If you find yourself in a similar situation, it's important to understand your legal rights and options, seek out professional advice and support, and approach any negotiations carefully. By taking a proactive approach, you may be able to protect your interests and ensure that your loved one's wishes are respected. At Sac Platinum Realty, we do specialize in the probate sale process and can give you referrals to attorneys who can help with proper estate planning. Let us know if we can help.


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