Can my parents disinherit me from their will?

Asked in Atlanta, GA on March 11, 2025 Last answered on December 16, 2025

My parents and I have had a rocky relationship for years. Recently, they said they would be leaving me out of their will. Can they legally do that, and if so, is there anything I can do about it?

2 answers

Answer

Yes, your parents can legally disinherit you from their wills. Under Georgia law, a person has the right to dispose of their property and assets as they see fit upon death, even to the exclusion of their children or other heirs.  The appropriate time to challenge a will in Georgia is after the death of your parent (in the context of your question) and at the time the will is offered for probate in the probate court of the county of your parent’s residence at the time of death.  You might have grounds to challenge the will(s) at that time if, for instance, it can be shown that they excluded you from the will because of certain legal factors, such as undue influence or mistake of fact.   

March 11, 2025
Christina Stahl
Answered by:

Christina Stahl

Cartersville, GA
Stahl Law Group, P.C. 678-792-4190
Answer

That is really a question for an estate planning attorney, however, my understanding is that yes, parents can disinherit their children, but it must be done properly in the will, and children may petition the court for what’s called a year’s support.  Please consult with an estate planning attorney for more information.

March 25, 2025

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Submit a question and get answers for free from a Super Lawyers Selectee.

Ask a question
Disclaimer

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Page Generated: 0.087150096893311 sec