Things you need to know about your inheritance rights
Reviewing inheritance law and your rights
Though inheritance rights determine the lawful claimant of one’s property after he or she dies, in some cases these rights can override what the person’s will says. There’re lots of confusions regarding inheritance law and your rights because of the lack of proper knowledge. Though inheritance laws vary from one state to another, here’re the common implications of these laws.
Inheritance rights of children
Generally, children as well as grandchildren cannot legally inherit the property of a deceased parent or grandparent. However, in some cases, the surviving children may be inherited to a part of their deceased parent’s property. However, it generally means that if children and/or grandchildren are disinherited by the parent or grandparent intentionally, they won’t be able to contest the will in court.
Inheritance rights of spouses
There’re some states like California, Arizona, Nevada, Louisiana, Washington, Texas, Idaho, Wisconsin and New Mexico are considered “community property” states. It means in the event of divorce or death, spouses are entitled to one-half of all earnings gathered during the marriage, unless there’s written agreement to the contrary. In all other states, there’s no rule which states that property amassed during marriage is owned by the spouses. However, most of those states provide the surviving spouse the right to claim one-half to one-third of the property of the deceased spouse.
Though inheritance rights generally don’t cover distributions of the property to persons who’re not related to the decedent, a person who isn’t related may claim an inheritance if it’s stated in the deceased person’s will.
Call to action:
Have you ever employed any inheritance right? Share your experience in the comments section below. To keep the conversation going, you can also connect with me on Facebook, Twitter, and Goodreads. If you want to have an interesting read, remember to check out my book Catacombs of Hell.
Izzi, Matthew. “The Law of Inheritance.” LegalMatch, Updated April 12, 2018, Accessed April 16, 2019. https://www.legalmatch.com/law-library/article/the-law-of-inheritance.html
Baker, Amy. “USA inheritance laws.” USA Property Guides, March 22, 2019. https://www.propertyguides.com/usa/news/usa-inheritance-laws/