Estate Planning Blog Articles

Estate & Business Planning Law Firm Serving the Providence & Cranston, RI Areas

Are My Children Entitled to My Money?

Let’s say that one of your children hasn’t had contact with you since COVID in 2019. She’s been off the radar and never calls. You may not feel obligated to give them an inheritance.

Nj.com’s recent article entitled “We want to cut one child out of our will. Can we?” says that adult children aren’t legally entitled to an inheritance.

Unfortunately, will contests generally happen where a child who’s left less, or disinherited, thinks that a sibling has wrongly influenced a parent to leave more to him or her.

This is particularly problematic if the parent is elderly and/or in ill health and completely reliant on that child for assistance.

A will contest is a probate proceeding where interested parties dispute the validity of a will.

The most common legal grounds for disputing the validity of a will are undue influence, duress, mistake and the decedent’s lack of capacity when they signed the will.

To properly avoid a will contest, you should work with a qualified estate planning attorney who will document his or her file and prepare a will for you with appropriate language.

Note that it isn’t necessary or advisable to provide an explanation as to why you’re disinheriting a child. That’s because if you give a reason, that reason may cause controversy.

If avoiding litigation is a priority, as an alternative to totally disinheriting a child, your attorney can also talk with you about the different forms of “no-contest” clauses that can be placed in a will.

This clause, also called an `in terrorem’ clause, indicates that if a beneficiary raises a claim with respect to the will, he or she will lose his or her inheritance.

There’s also typically a time limit to contesting a will. For example, in Minnesota, those with standing who want to contest a will must do so within a year after the death of the deceased person.

For a no-contest clause to be effective, a child must be a beneficiary of some amount in your will.

The courts will uphold this clause, unless it finds there is probable cause for bringing a court action.

Reference: nj.com (Dec. 2, 2022) “We want to cut one child out of our will. Can we?”

james brown's estate

Will James Brown’s Estate Finally Be Settled after 15 Years?

The South Carolina Supreme Court in June finally began sorting out the litigation that has been part of Brown’s estate since his death. The court held that Brown was never legally married to his fourth wife, Tomi Rae Hynie, because she had not annulled a previous marriage.

Wealth Advisor’s recent article entitled “Might The Battle Over James Brown’s Estate Finally Be Coming To A Close After Nearly 15 Years” explains that the court’s decision weakens her claim to the estate. The estate has been valued to be worth between $5 million and $100 million. It’s the first real move forward in years. According to The New York Times, “the Supreme Court instructed the lower court to “promptly proceed with the probate of Brown’s estate in accordance with his estate plan,” which called for the creation of a charitable trust to help educate poor children.”

South Carolina law stipulates that Hynie, as Brown’s widow, would have had the right to a third of his estate’s value, no matter what his will instructed.

Hynie was married in 2001 to Javed Ahmed, a Pakistani man who already had three wives in his native country. Her lawyers argued that since Ahmed was a bigamist, their marriage was void. South Carolina’s lower courts agreed, holding that her marriage to Brown was valid.

However, the South Carolina Supreme Court disagreed. “All marriages contracted while a party has a living spouse are invalid, unless the party’s first marriage has been ‘declared void’ by an order of a competent court,” the Court explained.

Hynie’s counsel will be filing “a petition to reconsider and rehear the decision.”

Hynie is entitled as spouse to a share of Brown’s valuable music copyrights under federal law. She has already settled part of her dispute with the estate, agreeing to give 65% of any proceeds from her so-called termination rights—copyrights that, though once sold, can return to the songwriter or his heirs after several decades—to charity.

Brown’s will had bequeathed $2 million for scholarships for his grandchildren. The will said that his costumes and other household effects were to go to six of his children, and the remainder of the estate was to go to the charitable trust for the poor, called the “I Feel Good Trust.”

The South Carolina Supreme Court ruling is significant, because Brown’s 2000 will said, “Any heirs who challenged it would be disinherited. However, several of his children and grandchildren sued after his death,” notes The New York Times.

Reference: Wealth Advisor (July 20, 2020) “Might The Battle Over James Brown’s Estate Finally Be Coming To A Close After Nearly 15 Years”

Join Our eNewsletter

Recent Posts
Categories