If a relative dies with a Will and next of kin are not mentioned in it, do they have any claim to an estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a relative dies with a Will and next of kin are not mentioned in it, do they have any claim to an estate?
I am only living blood relative of my aunt. She is recently deceased and there is no mention of me in her Will. She was a resident of CA; I am a resident in AZ. Do I have any legal claim to her estate?
Asked on September 6, 2011 under Estate Planning, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no legal requirement that a relative be mentioned in a Will. In other words, there are not automatic rights of inheritance (even for a child let alone niece/nephew). Unless there was some type of undue influence or the like, the terms of a Will will stand whether or not blood relatives are listed as beneficiaries.
Note: The only time a blood relation would have enforced inhertiance rights is in the case where a person dies "intestate" (i.e. without a Will).
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.