My father added a codicil to his will in 1988 to disinherit an adult biological child (who had subsequently been adopted by another man). He hadn't seen her in over 40 years. She wanted nothing to do with my father. Was this sufficient to disinherit her or did it have to go through the courts? She is now deceased. Does this have any bearing on the issue?
A Testator can leave his estate to whomever he wishes - assuming he leaves no forced heirs (children under 24, or children of any age with a disability that prevents the child from taking care of his person/property). So, the Codicil should be valid, if it is in good form and there are no forced heirs. The Will goes to the court to be probated, meaning to be given effect" and so that the donation of the Testator's estate can occur and the titles updated. Because the Testator has passed, the court is the only way to have the re-titling done. hence the need for succession.
I agree with Ms. Tournet. You should bring all documents to an attorney in your area for him to give you a more detailed and thorough advice. Good luck.
Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. Advice is based on general principles of law that may or may not relate to your specific situation in your specific jurisdiction and solely upon the written question presented. You should not rely on this advice alone. Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer.
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