If my name was removed from a Wll and I did not give permission, is that legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my name was removed from a Wll and I did not give permission, is that legal?
Asked on July 27, 2017 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You give no details here, so its unclear just when your name was removed. If the testator (i.e. the maker of the Will), is still alive, then they generally have the right to name and remove whoever they want. A benefciairy has no standing to contest the removal of their name from a Will. That having been said, if you are the spouse, then you may have rights to an automomatic portion of the estate pursuant to something known as the "spousal elective share". If you are a child, then you can be disinherited, although some states require specific language to this effect. If the testator has already died, then you cannot be removed as a beneficiary, unless you intentionally caused the testator's death (i.e. a murderer cannot inherit from their victim).
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.