My father recently passed away and did not include my brother or I in the will can I contest this?

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My father recently passed away and did not include my brother or I in the will can I contest this?

We are his bialogical children and are his only
biological children. We were told not to show
up to funeral or memorial service.. that we
would be escorted from services by police

Asked on December 8, 2016 under Estate Planning, Oklahoma

Answers:

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

Answered 4 years ago | Contributor

The fact is that a parent may disinherit their children; children have no birth right to inherit anything from their parents in a Will. Most states, do however, have laws to protect against an accidental disinheritance and allow a child the right to “elect against the Will”. So, for example, if the parent did not know about a child or if the child was born after the Will was signed. In such a case, in order to disinherit such a child, the Will must contain specific disinheritance language. Absent that, under the circumstances as presented, you are not entitled to anything. That having been said, if you suspect that your father was unduly influenced by another into not naming your and your brother as beneficiaries, then you may be able to contest. At this point, you may want to consult directly with a probate attorney who can go over the details of your situation and can then best advise you further. 


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