Does a family relationship trump being named in a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a family relationship trump being named in a Will?

Father and stepmother went to a lawyer to have their Will drawn up about a year before they died at ages 88 and 89, repectively. Father died left all to stepmother in his Will. Stepmother died leaving all to stepson in her Will. Stepmother had no children of her own, only numerous nieces and nephews. Her “estate” included a car, trailer home and contents, and about $3,000.00 in the bank. A nephew wants a “cut”. Does he have a case?

Asked on July 25, 2011 Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, he has no case. When the father pre-deceased the stepmother she inherited it all (i.e. the father's estate in its entirety). She then was within her legal bounds to leave her estate as she saw fit. If this was to her stepson then, then absent some showing of coersion or the like on his part, there is nothing to contest. On the face of it, the nephew has no claim on the estate. The fact is that there is no automatic inheritance rights for blood relatives.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption