Legal Question in Wills and Trusts in Missouri
Children left out of a Will
My boyfriends mother had five children, 3 from the first marriage and 2 from the second. Second husband predeceased her and then she passed. Her will only states the 2 children from the second marriage receive assets in equal shares. The 3 children from the first marriage are not mentioned at all in the will. Are they entitled to any of the estate?
Thanks, Cindy
2 Answers from Attorneys
Re: Children left out of a Will
If it is a valid will, she was competent at the time she signed the wil, and it was not written under duress and no undue influcence was used on your boyfriends mother she has every right to give her assets [her estate] to who ever she choses. She does not have to treat her 5 children equally. Thus she can do as wants. I must say its a bit unusual unless there was family strife, but nontheless it is her choice.
Re: Children left out of a Will
She has a right to leave her estate as she wishes. Your boyfriend is an "heir" -- somebody who inherits in the absence of a will. That gives him a right to contest the will.
But such contest is not based on "I don't like it". He would have to show the will was not valid -- not properly signed or witnessed, under duress or undue influence.
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