Legal Question in Wills and Trusts in Alabama

Re: ''Omitting'' one child from Will

It appears that the insurance policy left to child outside of will was probably done in lieu of devising a share in the will. Thus, child is probably not an identified beneficiary of will.

Also,here are some key issues which need to be addressed: 1) Was the child a biological child or adopted child of testator? 2) Did the testator intentionally omit the child from the will? 3) Were there other children of testator?

If the child is not a beneficiary of the will, I do not see where he would have standing to demand an accounting of the estate. Someone needs to review all of the facts of the case including above questions to provide a more thorough answer.

Re: ''Omitting'' one child from Will

This might be intentional, particularly in light of the child's being named in the life insurance policy. The policy proceeds may have been intended as a substitute for also being named in the Will. What are the dates of the Will and policy beneficiary designation? If they are around the same time, this may explain it. Keep in mind that an inheritance is a privilege, not a right. Only people named or covered by the Will are entitled to an accounting of the estate, unless their inheritance outside of the Will has not been paid. If named in the policy, they are entitled to their share of the policy proceeds only.