If my mother passed away and the family home was left to a younger brother but no provision was made for her daughters, do they have any claim on the family home or it’s contents?

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If my mother passed away and the family home was left to a younger brother but no provision was made for her daughters, do they have any claim on the family home or it’s contents?

Asked on August 12, 2017 under Estate Planning, Alaska

Answers:

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

Answered 3 years ago | Contributor

If your mother's Will excluded you and your sister, I'm afraid that there really isn't much that you can do. The fact is that a parent can disinherit their children (although typically some language of disinheritance is legally required, depending upon specific state law). Or if you and your sisters were included in the Will as beneficiaries of the rest of your mother's estate but the house was specifically left to your brother, unless you can prove fraud or some kind of undue influence, etc. over her on your brother's part (which you did not indicate), the Will stands as to the house. However if the Will was silent as to its contents, then all beneficiaries share in them; they do not convey with the house.


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