If my uncle died and in his Will left everything to my 7 year old daughter but he has a 26 year old so, can the son contest my daughter’s inheritance?

If so can he win?

Asked on March 29, 2015 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, it is possible to disinherit a child in your state--that is, to not live anything to a child. That being the case, the terms of the will are enforceable, and everything should go to your daughter. The uncle's son can try to challenge the will if he believes--and believes he can show--that the will was obtained or procured improperly, such as through fraud, deception, "undue influence" (which is usually if the caregiver for a disabled or otherwise dependent person uses his role and influence to get a will changed or made), coercion, etc., or that the uncle was mentally incompetent at the time he made. But barring some fundamental problem like this with how the will was made, the son should not have grounds for a successful challenge.


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.