I am one of four children and was cut out of my father's trust worth 2.5 million at the time of his death in 1999. It was specified in his will that I was not to be included in the distribution of his inheritance but no reason was provided. My father's trust is earning 6.5% interest and won't be distributed until my mother's death. She is now 81. My father prepared his will 1 month before his death while on medication. Can I contest this?? Please advise.
You can retain an attorney, and file a will contest. This must be filed before the will is admitted to probate. There are two grounds for a will contest. One is undue influence from another person, and the other ground is lack of testamentary capacity. The burden of proof in will contests is normally a higher standard than the burden of proof in most civil actions. Most will contests fail for that reason. You should obtain a copy of the will, and take the will to a probate attorney for review. If probate proceedings have started already, you should take a copy of the court papers to the attorney for review as well.
To answer your questions, yes, you can be disinherited.
No, it is not required that you be left a dollar.
Yes, it can be contested.
Contact a probate attorney to assist you.
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Yes, anyone can be cut out of a will. No, a testator is not required to leave anything to anyone. Yes, you can contest it. However, unless you have a sound reason for challenging the state of mind of the testator at the time of the making of the will, or the validity of the document, itself, you likely will not be successful.
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