Contest of Will

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Contest of Will

I have my Dad’s original Will in hand
but found out only three years before he
died, which was yesterday, that he had
been convinced by his live in
girlfriend, to redo his will and write
me completey out.. I am his only child.
Is that legal?

Asked on February 27, 2018 under Estate Planning, Iowa

Answers:

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

Answered 3 years ago | Contributor

Yes, it is. The fact is that a parent can indeed disinheirt a child. As a general rule, children have no right to inherit anything from their parents. Most states do, however, have laws to protect against accidental disinheritance. In those rare cases, a child may have a right to “elect against the Will”. For example, if the parent did not know about the child or if the child was born after the Will was signed. Absent such a circumstance, if there is a Will and you're not in it, you are not entitled to inherit from your parent.

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

Answered 3 years ago | Contributor

Yes, it is. The fact is that a parent can indeed disinheirt a child. As a general rule, children have no right to inherit anything from their parents. Most states do, however, have laws to protect against accidental disinheritance. In those rare cases, a child may have a right to “elect against the Will”. For example, if the parent did not know about the child or if the child was born after the Will was signed. Absent such a circumstance, if there is a Will and you're not in it, you are not entitled to inherit from your parent


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