Legal Question in Wills and Trusts in Massachusetts
Children maybe excluded from will
My 2 sisters and I found out recently that our biological father passed away. My middle sister was contacted by the lawyer to let her know of this and the lawyer made it sound like us 3 were in the Will along with a half brother that I didn't know I had. I was just told by my oldest sister that we were excluded from the will and that the Will was read to our half brother only leaving him all of our father's estate. There are circumstances that prevented us from having anything to do with our father, but my middle sister had been in contact with our father the last 7 years and I didn't know this. My question is, if the 3 of us were not listed in the Will do we have any legal rights being his children and our birth certificates show him as our father? We received a certified letter but all that stated was that it was being filed and if we had any objections that we have until 03/10/08 to file a petition. The attorney's letter never stated whether we were included or excluded. My oldest sister is going to the courthouse Monday morning to get a copy of the Docket.
Thank you
Diana
2 Answers from Attorneys
Re: Children maybe excluded from will
Contact an Arizona Attorney if you want to challenge the Will. A parent can disinherit any or all of his or her children.
Good Luck.
Re: Children maybe excluded from will
First, your father had the absolute right to leave his property to anyone he wanted to -- provided that he knew who his children were and what he had, and that he was legally competent to make a will and not unde undue influence.
Your sister is right that the first step is to get to the courthouse, pull the file, and get a copy of the Will. Until you read the document, you have no way of knowing if you were specifically disinherited or not.
Assuming that your father was competent and not under undue influence, he did not specifically need to name you for you to be disinherited. The will can be language which states something like "my failure to leave anything to any other child is deliberate and not a mistake."
If the will is SILENT -- that is, you are neither named as an heir nor disinherited, then the "omitted child" statute may apply. This statute allows you to file a claim against the estate.
I strongly suggest that you and your sisters make an appointment with a probate attorney ASAP and bring the docket sheet and the copy of the will with you.
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