Do I have the right to contest my grandpa’s Will?

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Do I have the right to contest my grandpa’s Will?

My grandpa just passed away and he had a stepdaughter who had a child. His step daughter’s son has received numerous valuables of my grandpa’s and a $15,000 life insurance policy. I, his only biological grand child, have recieved nothing. Is there anything I can do? Am I legally entitled to anything?

Asked on June 24, 2011 under Estate Planning, Kentucky

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss and for these problems.  In order to contest a Will you have to have a good reason to give the court, one that has a basis in law.  Some of these reasons - which may or may not be valid under Kentucky law or be applicable to your case  - include undue influence, that the testator (your grandfather) lacked "testamentary capacity" (he had Alzheimer's), etc.  The fact that you were left out of the Will may or may not be enough.  I would strongly suggest that you seek consultation from an attorney in your area.  There are generally time constraints in which you need to do this.  Good luck.


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