Legal Question in Wills and Trusts in Massachusetts
Forgotten daughter
I am the first born daughter, my parents divorced and both remarried. When my birth father passes, an I entitled to part of his estate. He has one other daughter from his second marriage. Can his will ignore me as a daughter?
Asked on 1/26/06, 12:03 pm
2 Answers from Attorneys
Joseph Murray
Joseph M. Murray, Esq.
Re: Forgotten daughter
Yes, you are a lawful heir to a portion of your father's estate. To disinherit you he must mention you in his Will. If he merely fails to do so you can make a claim for the share you would be entitled to as if he he died without a Will. Good Luck!
Answered on 1/29/06, 2:42 pm
Re: Forgotten daughter
Your birth father has the right to disinherit you by Will, meaning his Will can state he wants to leave you nothing. If his Will only fails to mention you, then you can make a claim against his estate.
Answered on 1/26/06, 1:20 pm
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