Can the sister of the deceased challenge their Will if she is not mentioned in it?

The Will is written out to the son of the deceased the son died shortly after the deceased everything was left to the son. The sister of the deceased is trying to contest the will because everything would go to the son’s wife and she thinks that she should have it.

Asked on December 30, 2017 under Estate Planning, Tennessee


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

Answered 3 years ago | Contributor

As long as the son survived his mother, then his estate is entitled to his inheritance. Accordingly, if he had a Will, then its terms control the distribution of his estate; if he died without a Will then his survivng spouse and children, if any, will inherit his share of his mother's estate.

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