What are my legal rights if I have been taken out of my mother’s Will?

Asked on March 4, 2015 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you were taken out of the will by fraud, by coercion, by undue influence (someone with a disproportionate influence over your mother, like a caregiver), or you mother was not mentally competent when she made the change, you most likely do not have any legal rights: a parent may disinherit a child. Only if the change in the will was procured by some improper means might you have grounds to challenge it. If you believe that such grounds exist, you should consult with an attorney who handles trusts and estates or does probate work, to evaluate if you have a case, what it might be worth, the chance of success, and what it would cost to pursue it.


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