how do i contest a will in erie county, ny, when no biological heirs are named
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
how do i contest a will in erie county, ny, when no biological heirs are named
Is it actually legal to not name biological children and grandchildren/or great grandchildren as heirs in some manner?
Asked on June 7, 2016 under Estate Planning, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that children (or grandchilren) have no automatic inheritance rights when a parent dies and has executed a Will. The fact is that they can be disinherited. That having been said, typically most jurisdictions require some language of disinheritance or the gifting of a nominal sum (as little as a $1.00) to the children (or child being left out). This is to insure that the deceased did not accidentally disinherit them. To find the law in the applicable state, you should consult directly with a local probate attormey; they can best advise you further.
Note: If the maker of the Will was coerced or was not of sound mind, etc., you would have a claim to contest the Will. Again, seek local counsel.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.