Can a family member contest a Will if he or she is left out?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a family member contest a Will if he or she is left out?

My dad passed away and left everything to his sons but not daughters.

Asked on May 23, 2018 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, a parent can disnherit their children if the choose. There is no law that a parent must name all of their children as benefciaries in their Will. That having been said, most states, have laws to protect against accidental disinheritance. For example, a child may have a right to “elect against the Will” if it appears the parent did not know about the child or if the child was born after the Will was signed (to disinherit these latter children, there must be specific disinheritance language in the Will). Otherwise, if there is a Will and a child is not in it, they are not entitled to anything. That is unless they can prove that their parent was unduly influenced or of mentally unsound mind, etc. when they prepared and signed their Will.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, a parent can disnherit their children if the choose. There is no law that a parent must name all of their children as benefciaries in their Will. That having been said, most states, have laws to protect against accidental disinheritance. For example, a child may have a right to “elect against the Will” if it appears the parent did not know about the child or if the child was born after the Will was signed (to disinherit these latter children, there must be specific disinheritance language in the Will). Otherwise, if there is a Will and a child is not in it, they are not entitled to anything. That is unless they can prove that their parent was unduly influenced or of mentally unsound mind, etc. when they prepared and signed their Will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption