Legal Question in Wills and Trusts in California

If you are not mentioned in a will, and your siblings are, can you do anything to change the outcome?


Asked on 5/05/10, 6:21 pm

3 Answers from Attorneys

If you are simply not mentioned AT ALL there is a possibly that you are a pretermitted heir and may have rights. However, if you ARE mentioned but the deceased decided not to give you anything, that's a different story.

You should contact a local attorney to review the documents that you have and discuss your options.

Caleb

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Answered on 5/10/10, 6:27 pm
Madhu Kalra Kalra Law Firm

Well, its worth examining it. First of all, check, it was prepared. Were you born at that time. If the will was prepare before your birth, you can challenge the will. May be it was not the intention of the will prepare to exclude you from inheritance.

If the will was prepared after your birth, unless it appears, Will was appeared to have been prepared under duress, undue influence or fraud, it could not be challenged .

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Answered on 5/10/10, 6:32 pm
Anthony Roach Law Office of Anthony A. Roach

If your parents have not mentioned you, you would be what is known as a pretermitted heir. Pretermitted heirs have a right to share in the distribution of a probate estate. If the will specifically mentions you, and mentions that it is the intent to not provide for you, you are not a pretermitted heir. In that situation, you are disinherited.

If your parents are still alive, the will has not taken effect. My suggestion then is to be a lot nicer to your parents, in the hopes that they change their estate planning to include you.

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Answered on 5/10/10, 7:00 pm


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