how do i contest a will in erie county, ny, when no biological heirs are named

Is it actually legal to not name biological children and grandchildren/or great grandchildren as heirs in some manner?

Asked on June 7, 2016 under Estate Planning, Tennessee


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

Answered 4 years ago | Contributor

The fact is that children (or grandchilren) have no automatic inheritance rights when a parent dies and has executed a Will. The fact is that they can be disinherited. That having been said, typically most jurisdictions require some language of disinheritance or the gifting of a nominal sum (as little as a $1.00) to the children (or child being left out). This is to insure that the deceased did not accidentally disinherit them. To find the law in the applicable state, you should consult directly with a local probate attormey; they can best advise you further.
Note: If the maker of the Will was coerced or was not of sound mind, etc., you would have a claim to contest the Will. Again, seek local counsel.

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