Legal Question in Wills and Trusts in New York
Contesting My Will
I am 73 and have been considering making a will. I have 3 sons all over 21. My relationships with my sons has deteriorated over the years. If I leave them out of my will, can they contest my decision after I pass away?
3 Answers from Attorneys
Re: Contesting My Will
There is nothing stopping them from contesting the will, however they must have valid grounds to overturn it. This would require further discussion with an attorney to specifically address any concerns you may have.
Feel free to contact me should you have any further questions.
Kind regards,
Peter Moulinos
Re: Contesting My Will
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You have an absolute right to disinherit a child.
If your will is properly drafted, any attempt to contest it is less likely to succeed.
Re: Contesting My Will
They can contest your will but there are ways to structure it to make it less likely for them to do so, or to successfully challenge if they do contest.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.