If my name was removed from a Wll and I did not give permission, is that legal?

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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 3 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).


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