Can I Claim Inheritance If Left Out of a Will?

Question from Kristine, Can I Claim Inheritance If Left Out of a Will?

Answer from AI:

When a parent passes away and leaves a will that favors one child over others, it can lead to questions about inheritance rights and legal options. In the United States, the laws governing wills and inheritance vary by state, but there are some general principles that apply.

Understanding Your Rights

First, it’s important to understand that, generally, a person has the right to distribute their assets as they see fit in their will. This means that if your father chose to leave all his assets to your sister, that decision is typically respected by the law. However, there are exceptions where you might be able to challenge the will:

• Lack of testamentary capacity: If you believe your father was not mentally capable of making a will at the time it was created, you may have grounds to contest it.
• Undue influence or coercion: If you suspect that your sister unduly influenced your father’s decision-making, this could be a reason to challenge the will.
• Improper execution: Wills must be executed according to state laws, which usually include being witnessed and signed. If these formalities were not followed, the will might be invalid.
• Fraud: If there’s evidence that the will is fraudulent, you may have a case to contest it.

Spousal Rights and Forced Share

While children are not typically guaranteed an inheritance, spouses often have rights to a portion of the estate, known as an “elective share” or “forced share.” Since you are a child of the deceased, this would not apply to you unless you are also the surviving spouse.

Steps to Consider

If you believe you have a valid reason to contest the will, here are some steps you might take:

1. Review the will: Obtain a copy of the will and review it carefully.
2. Consult with an attorney: Speak with an estate attorney to discuss the specifics of your case and determine if you have grounds to contest the will.
3. File a contest: If advised by your attorney, file a will contest in the appropriate probate court before the deadline for such challenges, which varies by state.
4. Gather evidence: Collect any evidence that supports your claim, such as medical records or witness testimony.
5. Prepare for court: Work with your attorney to prepare your case for court, if necessary.

Considerations Before Contesting a Will

Before moving forward with a contest, consider the following:

• Cost: Legal challenges can be expensive and time-consuming.
• Emotional toll: Contesting a will can cause family strife and emotional stress.
• Outcome: There’s no guarantee of success, and you could end up with nothing.

Seeking Legal Advice

It’s crucial to seek personalized legal advice to understand your rights and the likelihood of success if you choose to contest the will. An attorney can help you navigate the complexities of probate law and provide guidance tailored to your situation.

Remember, every case is unique, and the information provided here is a general overview. For specific advice, please consult with a legal professional.