Legal Question in Wills and Trusts in Connecticut
My mother is 87 and has two direct heirs -- my brother and myself. My late brother has a 16-year old son. My mother has not named my 16-year old nephew in her will and has allocated a disproportionate amount of assets between myself (60%) and my surviving brother (40%) based on our current financial positions and other preferences she has. My question is 2-fold:
1) does my nephew have a right to my mom's assets if not named in her will and grounds to contest it?
2) does my brother have grounds to contest my mother's will for her not leaving an equal amount of her estate to each of us?
The overriding question is really one of whether an individual can "will" whatever they wish to in their estate to whomever they wish to without fear of a legal battle ensuing over the assets after they are no longer here. My mother is of sound mind and had her will made up about 6 months ago.
1 Answer from Attorneys
A will can be challenged based on the competency of the testator, the proper execution by the testator, the circumstances of the execution, the independence of the witnesses, the accuracy of the provisions of the will in reflecting the testators wishes. Can she disinherit someone? YES. She has the ability to dispose of her property as she deems fit so long as the it is properly drafted and executed. She can change the will with a codicil as well. Feel free to contact us for further information 203.870.6700
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