It’s not uncommon: a parent passes away, and instead of dividing their estate among all the children, you are faced with a parent leaving everything to one child. Emotions run high—confusion, betrayal, grief—and soon, family dinners are replaced with courtroom dates. The legal and emotional mess that follows isn’t just about money; it’s about fairness, legacy, and relationships that may never be the same.
In California, these cases arise frequently and can be complex, especially when accusations of undue influence or unfair exclusion come into play. So what can you actually do if you find yourself left out of your parents’ will or trust?
Let’s explore the rights, realities, and steps that disinherited children can take, particularly in California, to make sense of a painful situation, and maybe even change the outcome.
It might feel personal, and sometimes it is, but there are many reasons for a parent leaving everything to one child might make that choice. In some cases, that child may have provided daily care and support during their later years, especially when it came to health decisions. Other times, a parent might feel that one child “needs it more,” perhaps because of financial struggles, a disability, or the loss of a job.
Trust also plays a role. A parent may believe one child is more capable of managing the estate responsibly, while worrying that others might misuse their inheritance. In still other situations, decisions can be shaped by outside influence, whether intentional or not, from someone close to them.
There is a delicate balance between autonomy and fairness in estate planning. But what happens when that balance tips too far?
Yes, in certain circumstances. California law provides several ways to contest a will or trust, though success isn’t guaranteed, and the process can be emotionally taxing.
You can’t contest a will simply because you feel hurt or left out. But you can challenge it under specific legal grounds:
California courts take these claims seriously, but evidence is everything. For instance, showing that your sibling isolated your parent, took them to an attorney without notifying others, or benefited from a sudden, unexplained change in the will could help build a case.
Many wills and trusts in California contain what’s called a no-contest clause. This provision is meant to deter lawsuits by threatening to cut out anyone who challenges the estate plan and loses.
But California law places limits on when these clauses apply. A no-contest clause can only be enforced if a challenge is brought without probable cause. In other words, if you had a reasonable belief, backed by facts, that your claim could succeed, the court won’t punish you for filing it—even if the judge ultimately rules against you.
For example, if you believe a parent was pressured into changing their will and you have credible evidence of undue influence, you may be protected from the penalties of a no-contest clause.
Bottom line: Don’t assume a no-contest clause automatically prevents you from speaking up. The safest step is to consult an experienced estate litigation attorney who can evaluate the strength of your case and the risks involved.
California law gives certain protections to children who are left out of a will or trust. Two common situations come up:
That said, if a will or trust explicitly says a child is disinherited, the court will usually enforce that decision. The exception is when other legal grounds exist, such as undue influence, fraud, or lack of capacity, which can still make the document vulnerable to challenge.
Inheritance disputes are not only legal battles but also emotional wars between siblings. Resentments flare up, old wounds reopen, and relationships can be permanently damaged.
Picture this: Two sisters, Rachel and Lisa. Rachel moves in with their aging father to care for him. After he dies, the will is revealed, and everything goes to Rachel. Lisa, who lives in another state, is shocked. She suspects Rachel pressured their father or took advantage of his declining health.
Lisa now faces a decision. She can accept the outcome or challenge it in court and risk losing her last connection to family. Unfortunately, this is not an unusual story. It is a pattern that plays out in families across California every year.
If you believe a parent’s estate plan was unfair or manipulated, there are steps you can take.
Act quickly. In California, will contests generally must be filed within 120 days of the will being admitted to probate. Trust contests must be filed within 120 days of receiving notice, such as the Notification by Trustee of a change in trustee or the irrevocability of the trust, under Probate Code § 16061.7. Missing these deadlines can forfeit your rights.
Many disputes settle through mediation, and a skilled attorney can help negotiate a fair resolution without a courtroom battle.
Being left out of a parent leaving everything to one child can be jarring, emotional, and confusing. In California, however, being disinherited does not automatically mean your options are gone. When a loved one’s will or trust raises questions, whether due to fairness, capacity, or possible manipulation, knowing your rights is the first step toward taking action.
At Ferguson Law Group, we guide families through inheritance disputes with a focus on clarity and strategy. From reviewing estate documents to evaluating potential claims, we help clients understand their position and the paths available. If you suspect you have been unfairly excluded or want to explore your legal options, now is the time to act.
Contact Ferguson Law Group to schedule a consultation and gain insight into your rights and next steps in a disinheritance matter.
Yes, you can contest a will in California, but you must have legal grounds such as undue influence, lack of capacity, or fraud. Simply being left out is not enough.
Common grounds include undue influence, lack of testamentary capacity, fraud, forgery, or a clerical error that misrepresents your parent’s intent.
It depends. Pretermitted heirs, children born or adopted after a will or trust, may be entitled to a share. Courts may also protect accidentally omitted children unless the document clearly disinherits them.
