Do I have entitlement to my deceased grandfather’s estate if my father had me removed from from his Will?

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Do I have entitlement to my deceased grandfather’s estate if my father had me removed from from his Will?

My grandfather passed away 3 years ago. I was originally left a trust fund for college, however, my father convinced him to take me out just before he died. I will be 18 soon and thus I want to know if it is possible to get this action reversed? My father did this out of pure spite to my mother and I. My younger sister is still mentioned in the Will. I believe that he may have been in ICU when the new Will was signed but I am unsure of this.

Asked on April 29, 2012 under Estate Planning, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to determine whether or not your omission from your grandfather's last Will was valid or not, you need to ascertain under what circumstances the Will was signed and if your grandfather was legally competent when he signed it.

If he was not, then the last Will could very well be deemed invalid by the Probate Court. If your grandfather was competent when he signed the last Will, then you seemingly inherit nothing.

In order to determine the competency issue as to your grandfather under the last Will, I suggest that you consult with an attorney that practices in the area of Wills, Trusts and Probate.


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