Legal Question in Wills and Trusts in Minnesota

Intionally disinheriting children, one minor, from will

My boyfriend died 4/24. He left a will leaving everything to me. He intentionally wrote his natural children (stated their names) out of his will. He has been divorced 6 years and his kids disowned him. Now his ex-wife is challenging the will ''because of the minor child.'' Can she do this, what will happen, what to expect, and what can I do? One child is 16 the other 18. I am in Minnesota. He made these intentions known to many people. This will was written, signed, witnessed 2 yrs ago


Asked on 5/14/01, 3:33 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Intionally disinheriting children, one minor, from will

I just took a look at some of the case law. It appears that the children, especially the minor child, would have a claim against the estate for child support - both ongoing and for any arrearages. They could also try to claim more on the theory that the will was based upon "undue influence."

Don't try to probate the estate yourself. I hope you have a good lawyer on the case already. Good luck.

This resonse is for general information purposes only and doe not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 6/22/01, 11:54 am


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