What happens if a parent does not mention their child in a Will?

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What happens if a parent does not mention their child in a Will?

My grandmother recently died and had a Will. Her son, my dad, was not mentioned in it. Does this nullify the Will?

Asked on February 9, 2011 under Estate Planning, Kentucky

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Generally speaking parents do not have to leave anything to their children.  If you die without a Will then the intestacy laws assume that there was a good relationship and that there should be inheritance.  That is not always the case, though.  Many states do require that if you choose to disinherit a child you do so specifically: I am not leaving so and so anything or something like that.  The reason being is that in order to be sure that a will is valid and the testator is "of sound mind" there is a little "rule" that says they have to know who the "object of their bounty" is when they are writing the will.  Children are the objects of bounty as are spouses.  So take the Will to an attorney in your area and see what the rules are.  He may choose to file a Will contest.  Good luck. 


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