I am wondering what my rights are (if any) to my father's estate if he left me nothing?
Question Details:
My father died 4 years ago. His Will stated that my mom inherit his estate unless she preceded him in death or they died together (she is still alive) then everything would be split between my brother and I equally. Since my father's death, my mother remarried within a short amount of time & moved from the family home I grew up in. She has now decided to sell the family estate and give the $ from the real estate sell to my brother. I have an estranged relationship from my mom and she wishes to exclude me from any inheritance. Do I have any rights to any of my family estate?
Wills, Trusts, Probate Law Answers
Your father's estate was inherited by your mother; his Will was unequivocal as to that. His Will mentioned you but only in the event that your mother passed before or simultaneous with him. If his Will did not mention you, you could argue that your father forgot to add you or leaving you out was a mistake of some kind. Disinheriting a child is grounds for a Will contest, unless the intent of the testator (the person who made the Will) was clear. And here it was, your mother first, then you an your brother.
Unfortunately, as it stands now, your mother was entitled to the inheritance and whatever she decides to do with it in her lifetime is up to her. So unless relations between you and your mother improve, it looks as though you will get nothing.
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