Is there any recourse of action my sister and I can take regarding Will from biological father

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Is there any recourse of action my sister and I can take regarding Will from biological father

My father is in hospice in Maryland. There are a lot of family dynamics
going on right now. My father lived a colorful Wild life and fathered many
children. We found each other 52 yrs later almost 1 1/2 years ago. We
have had a relationship via talking everyday/visiting. When he went into
the hospital at the end of February, his youngest son, who hasn’t spoken
to him in 2 yrs, decided to take it upon himself to be the POA. He got my
father to sign it and I think a Will and last testament was signed also. I
know I am not named in anything, as the youngest son does not recognize
me as a blood relative, and mentioned to someone that there is no proof. I
do have DNA proof and my birth certificate. How can I amend the WILL to
include me and my sister in it??

Asked on March 25, 2019 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't amend the will: only your father can amend the will--after all, it is his will, not yours, and his assets and estate are his, and he has 100% right to decide whom to leave anything to. There is no right to an inheritance as a child: a parent does not have to leave you anything. So your only recourse is to ask him to amend the will--you have no right to force or require him to amend it.


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