What to do if my dad’s Will leaves everthing to his new wife and I was not mentioned in it even though I am his only child?

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What to do if my dad’s Will leaves everthing to his new wife and I was not mentioned in it even though I am his only child?

My dad was married at 82 and he died at 92 but did not change his previous Will until a year ago. Does his new wife get everthing without him disinherting me or leaving me $1.00?

Asked on May 19, 2012 under Estate Planning, South Carolina

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  You need to bring the Will to ana ttorney in your area.  There are a lot of things that need to be looked at.  First, did he leave you $1.00 or did he not mention you at all?  This difference will result in different outcomes.  Also discuss the issue of undue influence and mental capacity with the attorney.  When an elderly person changes a Will these issues need to be addressed.  But there are time limitations so do this quickly. Good luck.


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