If in my late husband’s Will he listed only our 2 minor children as his children, do his adult children from another relationship have to be notified?

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If in my late husband’s Will he listed only our 2 minor children as his children, do his adult children from another relationship have to be notified?

The probate court told me I had to notify all of my late husband’s children so they could consent to the executor before I file. In his Will he only listed our minor children as his children in the section where he names his wife and lists his children. Also, everything was left to our 2 children and me with me as the guardian of the person and property of each minor child. Do his 2 adult children still need to be notified to consent to the executor since they were not listed as his children in his Will? We had a joint living trust with a pour over Will.

Asked on May 5, 2012 under Estate Planning, Georgia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Yes, you have to give notice to his adult children as well.  I am a bit concerned here that he did not mention his adult children, even if he stated that they receive nothing.  This could be enough to allow them to contest the Will. I would speak with an attorney as soon as you can.  Good luck. 


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