Can Disinherited Children Contest the Will?

Share the Knowledge!

“Hello, my name is Sherry and my dad died two months ago. He left a will which stated only his brother and sister would inherit his fortune. I am one of his four kids. We all live out of state and my dad lived in Texas. Can his kids fight that will to receive anything?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Contesting a will is very difficult, and while the laws are different in every state, generally the courts do their best to ensure that whatever the person who died wanted, happens. If your father decided that he did not want you to inherit anything, then the courts will usually uphold that wish.

The one exception is for children who were born after the will was made, or whom the person who died did not know about.

Even though you have not said so, I’m guessing that your parents are divorced, and that you lived with your mother, or at least not with your father. This is one of the unfortunate things which happens when children become estranged from one parent. If your father was truly a horrible person, why would you want or expect anything in his will? If he was not, then why were you estranged from him? Decisions which were made by one parent or another affect their children in all sorts of ways, and for far longer, than they realize.

I’m sorry for your loss.

Recommended reading (click on the picture for details):
Where Were You When I Needed You, Dad?: A Guide for Healing Your Father Wound

Share the Knowledge!

Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

Leave a Reply