Can You Disinherit Someone In Colorado? Legalities Explained

In this article, you can discover…

• Whether Colorado law allows you to disinherit someone.
• What happens if a will does not mention a child.
• The rights that disinherited heirs have to challenge a will.

Is It Legal To Disinherit A Family Member In Colorado Estate Planning?

Yes, you can legally disinherit a family member in Colorado. However, you must be very clear in your wording so there is no confusion as to your intent to disinherit. The exception to this is a spouse. While you can disinherit a spouse in your will, they have the legal right to elect against the will, giving them access to a set amount of your assets even if you do attempt to disinherit them. 

What Happens If A Will Does Not Mention A Child?

Most wills begin by identifying all of the decedent’s living children. However, it may happen that a couple makes out a will early in their marriage when they have fewer children. In their late 30s, they have a surprise child and forget to update their will to include him. 

If their will is clear that the couple’s assets are meant to go to their children and one child is not mentioned, that child has the right to file a claim, arguing that it was the intention of his parents to include him. If the last date of the will being updated matches this argument, the courts will usually honor such a claim. 

If you find yourself unexpectedly excluded from a parent’s will because they failed to update it, it would be worth your time to file a motion with the court to contest that will. 

Can A Spouse Be Legally Disinherited In Colorado?

The person writing the will has the right to disinherit their spouse. For example, it is legal to explicitly state in your will that you do not intend to leave your spouse anything. However, your spouse may also elect against the will once you pass away, as there are statutory provisions for a spousal share in Colorado. 

This spousal share would amount to the first $150,000 of your estate plus half of anything left over after administrative costs are paid. So, while you can certainly adjust your will to state your intentions are to fully exclude a spouse, they have legal provisions available to see out a portion of those assets anyway. 

Attorney Tammy Akers is an accomplished, diligent estate planning attorney serving Colorado. For 40 years, she’s helped clients just like you understand Colorado’s estate planning laws and contest a will when they find themselves unexpectedly disinherited. 

Have questions, or in need of legal help? Reach out to the Law Office of Tammy W. Akers for an initial consultation today. 

How Can I Ensure A Disinheritance Clause Is Legally Enforceable In A Will?

The best practice to adopt if you wish to disinherit someone is to identify them by name as someone who will receive nothing from your will or from your estate. For example, you could word your will to say, “I intend that Robert, my ex-husband, receive nothing from my assets or estate.” 

You must be very specific and name the child, ex-spouse, or anyone else you would like to disinherit by name and make it clear that you do not intend to leave them anything. Simply excluding their name from the will is likely to raise questions as to whether you may have simply forgotten to include them.

What Rights Do Disinherited Heirs Have To Challenge A Will?

If you are disinherited, you can challenge a will at any time and may challenge the will on two grounds: the competency of the testator or the influence of a third party on the content of the will.

In the first instance, you would argue that the person who created the will was not mentally competent to have created a valid will. Perhaps they suffered from dementia and had forgotten how many children they had or how many assets they owned. In this case, you must be able to prove that the decedent was not competent when they composed the will. Should you prove this, the will is invalidated, and assets will pass to heirs according to Colorado intestate statutes. 

The second way to challenge a will that has disinherited you is to assert that someone unduly influenced the person who created the will. For example, if someone was talking to your mother in her later years, telling her terrible and untrue things about you, influencing her to leave her estate to them and disinherit you. If you can prove this, the will can be invalidated, and your mother’s estate can be distributed according to intestate statutes. 

An Example From The Field

At this moment, my law firm is handling a case where it is not clear whether a parent actually intended to disinherit their daughter or not. There was no clear wording in the will stating that she intended to disinherit this child, causing the question to arise as to whether they simply forgot to mention her. 

In addition, there were some last-minute, very suspect transfers made before the testator passed away, and my law firm is helping this adult child file a claim to contest the will. The case is still pending and distinctly highlights the importance of clarity when creating a will, as well as timely updates to your estate plans. 

Still Have Questions? Ready To Get Started?

For more information on disinheriting someone in Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (719) 985-8192 today.