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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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.

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