Can a former misstress who was promised money but not mentioned in a Will go to the probate hearing and contest the Will?

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Can a former misstress who was promised money but not mentioned in a Will go to the probate hearing and contest the Will?

Asked on July 11, 2011 under Estate Planning, Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  In order to be able to contest a Will you need at least two things:  one, "standing" meaning that you have a legal right to contest and two, a valid reason to contest.   Standing can be explained best as having a connection to the will either being named in it or should have been named in it or that you would have received money if the person was to die without a Will.  A reason is undue influence, etc., and not unhappiness with the what you are left.  So although this person may want to try she may have no legal right without knowing more.  Good luck.


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