If my father is terminal and I am his only child but not in his Will, can I contest?

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If my father is terminal and I am his only child but not in his Will, can I contest?

There is also a stepsister.

Asked on February 2, 2016 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In order to contest a Will there are several grounds upon which to file, including competency (i.e. the person who made the Will was not of "sound mind") or that they were under some type of duress when the Will was drafted and executed. You gave no specifics here. However, typicallyWill contests are very expensive and, quite frankly, difficult to win. You will need to consult directly with a local attorney as to any possible claim that you may have. They can best advise you after hearing all of the details of your situation. That having been said, you should be aware that under the law, it is perfectly permissable for a parent to disinherit a child.


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