Can a biological child be disinherited?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a biological child be disinherited?

A man and woman marry at age of 40; the man has an estranged daughter of 23 years. The couple can’t have children so they adopt a 2 year old daughter. Then, 44 years later, the man dies. His Will was not probated. His wife then died and the Will entered into probate. It left everything to the adopted daughter. Can the estranged daughter contest?

Asked on April 22, 2012 under Estate Planning, New Jersey

Answers:

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

Answered 8 years ago | Contributor

Although in some states you can not disinherit a child, in New Jersey you can.  The wording has to be clear.  Can the child contest the Will during the probate proceeding?  Yes, they can and their success will depend on how the Will is written.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption