Legal Question in Wills and Trusts in Florida
What are the rights of a daughter whose father has disenherited her?
3 Answers from Attorneys
You would have no rights under the facts that you have given.
1) Were you born after your father made his will that is in probate?
2) Does the will appear fraudulent or was it made under duress or undue influence?
Unless you have a legal basis to challenge the document (incapacity, undue influence, fraud, etc.) or were born after the document was drafted, you have NO legal rights as a disinherited child.
Both answers are correct. A parent can legally disinherit a child if it is their specific intention to do so. One point is whether the Will specifically spells out that the child is disinherited, or merely that the child is not mentioned at all. If they are not mentioned, then it is possible to overcome the Will as a Pretermitted child.
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