If a child is not named in their parents Will, what are their rights?

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If a child is not named in their parents Will, what are their rights?

My mom and dad planned well during their 34 marriage.They are each other’s second spouse. My dad had 4 children from his first wife. Mom had 2 children from her first marriage. They had no children together. In the Wills, dad left everything to mom in a Trust in her name. Mom left dad everything to dad in Trust in his name. We are all adults so there is no minor children involved. My dad has Alzhimers and is failing. Dad’s oldest child has been cut out of the Will. He doesn’t know that yet. However, he has been threatening my mom (his stepmother) with a lawsuit for spending what he considers his entitled inheritance. He is threatening to force freeze assets. Can he do that?

Asked on March 15, 2014 under Estate Planning, Maine

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

No, your brother can not force freeze assets because he does not like the way your mother is spending her own money.  None of you have any legal right to any inheritance from your parents until they are both dead.  The only way would be if your mother had dementia and was incompetent.  It does not sound like that is the case.  However, you may want to talk to your mother about putting the oldest child back into her will after your father dies.  That will help you later avoid what likely would be an ugly, costly legal battle in probate court over the will.


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