Legal Question in Wills and Trusts in Arizona

Re: Beneficaries

I'm interpreting your question as meaning you were not left anything, and the will specifically mentioned you (from "I have a son, X," to "I'm intentionally omitting X").

In Illinois, a child is an "heir" -- i.e. receives a share in the absence of a will.

They have no absolute right to receive that cannot be cut out by will. They need not even be mentioned, except as it may be evidence the testator was aware of their family.

Because the will cuts you out, you have "standing" -- the *right* to contestt the will. This does not mean *success*. It just gives you the right to bring suit.

To contest a will successfully requires either that it not be properly signed and witnessed, or to prove such factors as undue influence, fraud, mental incapacity.

Re: Beneficaries

Unless you are a minor child, you have no legal rights to your father's estate. And unless you have some basis for contesting the validity of the will (your father was not of sound mind at the time of execution; he did not sign the will, etc.), you are unlikely to prevail unless there are unstated facts which would invalidate the will. If you believe there is any basis for attacking the will, you are advised to consult with an experienced local attorney in such matters.

Re: Beneficaries

In Illinois, children have no absolute "right" to inherit any of a parent's estate. A parent can choose to disinherit a child in a will, and this choice will be upheld unless the child has a basis to contest the will and wins the will contest. Bases for will contests include testator capacity and undue influence. These are complicated subjects and depend on the particular facts at hand. Even if you are named in the will, you can still contest it if you would receive more under a previous will, or if none, then by intestate succession.

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