If property is left to the fathers children undivided can one of the children be disinhereted?

Answer 1

Your question is somewhat unclear. If you question whether one of the children can be left out after the parent has died the answer is no. If the father left the property to all his children then each has an undivided interest in the property and no child was disinherited. That means each has the right to the use and possession of the property. If the property is sold and there are five children, each will receive one-fifth of the net proceeds.

If your question is whether a parent can disinherit a child, the answer is generally yes if the child is an adult. You must check your state laws to determine how a will must be drafted to effectively disinherit an adult child. In some states, if the will is not properly drafted, the court will decide the child was simply forgotten and will then distribute share to that child.

Minor children cannot be disinherited.

Answer 2

The ability to disinherit a child depends on the laws of the specific jurisdiction. In some places, a parent may have the legal right to disinherit a child, while in others, there may be laws that protect a child's right to inherit. It's advisable to consult with a legal professional for guidance on specific inheritance laws in your area.