Legal Question in Wills and Trusts in Maryland

Can I contest my father's will?

My father has informed me that I will get nothing from his estate when he dies. He intends to leave it all to his current wife, and if she sees fit, she may give me some. She has made no secret of her hatered toward me and I will get nothing. I played a no small part in helping my father amass his wealth by working for him for 10 years at reduced wages. Do I have any chance at getting anything from his estate?


Asked on 8/15/02, 3:29 pm

1 Answer from Attorneys
Jay Goldenberg Jay S. Goldenberg

Re: Can I contest my father's will?

Now watch my language carefully.

Although I'm not familiar with Maryland law I expect it to be very much like Illinois on this point and will answer from Illinois perspective.

If your father died without a will you would be an heir -- entitled to a share of his estate.

You have a right to contest a will that cuts out your rights.

BUT that contest has to be based on the will failing to meet legal requirements -- improperly witnessed, undue influence, etc.

Your father has an absolute right to leave his property as he wishes, subject to his *spouse*'s right to object -- not the children. Your only grounds are that in some way the document doesn't reflect his wishes. From your description, it does.

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Answered on 8/21/02, 8:46 pm


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