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If the only heir is left out a will can the will be contested? child is the only living heir and was never included in probate

Columbia, SC |

child was 18 yrs of age at the time and was never informed

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Attorney answers 4

Posted

An adult child can be ommitted-the parent has no obligation to include a child in their will.
Wills are most often contested because of incompetence or undue influence.
There are also time lines to contest-your question does not indicate how long ago this occured.
You should consult with a probate attorney to have your rights(if any) explained.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

Mr Pippen offers sound advice. Child have no legal right to receive an inheritance from a parent's estate.

Hope this helps.

Please remember to designate a best answer to your question.

Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Posted

I note from your question you say you were "never included" in probate. Though I'm not a South Carolina attorney, I can say with some confidence: that's an issue. When probating a will, the executor must serve with notice all heirs. Diligent search for the heirs should be made, and if they still can't be found, they can be served by publication in a legal newspaper.

But much hay can be made over whether the search was diligent. Chances are that, unless they were really estranged, it wasn't TOO hard to find the ONLY child of the deceased.

The fact that the executor did not make great efforts to serve the child with notice suggests that they were trying to "fly under the radar" with probate.

Hire an estates attorney. You may have a case. If the estate is of any decent size, then you'll likely get at least a free consult.

Good luck.

No attorney-client relationship or privilege is formed by this communication.

Posted

There is no right to an inheritance for a child in South Carolina. If there is a will and you are not in it there is nothing you can do. The only exception is if the will was made before the child was born and then the child would get the share of assets they would have received if no will was in place.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-guthrie-3562169.html LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107380867225921981464/about Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.

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