Tatia D. Barnes, Esq.
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tatia d. barnes, esq.

Serving Your Probate, Administration and Estate Planning Needs
To Disinherit a Beneficiary  is to purposely chose not to leave any real or personal property to a person who would be considered an heir by law (spouse, child, relative). 

This would be done by including language in a Will  or Codicil that seeks to guarantee that a person would not receive any property when the testator dies.
 

A person or entity named in a Will who is not a spouse, child or relative can also be disinherited by challenging the Will pursuant to  language known as
an in terrorem clause.  See EPTL 3-3.5.
 

NOTE: a spouse has an explicit right of inheritance protected by law, known as a Right of Election (in New York).  See
EPTL 5-1.1A and EPTL 5-3.1.

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TATIA D. BARNES, ESQ.
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New York, New York 10005
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  • Home
  • Probate
  • Estate Administration
    • Heirship Affidavit Samples
  • Estate Administration List For Clients
  • Executor-Administrator Litigation
  • Contact
  • About
  • Fees
  • Disclaimer
  • Client's Rights
  • Helpful Estate Terms
  • Resources
  • Philosophy
  • Blog