Can Disinherited Children Contest the Will?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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?”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.

Question: 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