Legal Question in Wills and Trusts in Maryland

I would like to contest a will for a deseased parent and I would require a DNA test to prove I am the only biological child. The entire estate was given to my father's wife and stepchildren. What steps do I need take to begin this process if it is possible?


Asked on 10/01/09, 7:47 pm

1 Answer from Attorneys

Richard Abraham Abraham & Bauer, LLC

To contest the Will, you shall need to file a Caveat proceeding in the Orphans' Court where the estate is being probated. The caveat will need to state the reasons for over turning the Will.

I am uncertain as the rationale for DNA testing especially if no one is contesting your relationship to the Decedent as his only child. Lastly, parents can and do disinherit their biologic children and there is no prohibition from doing so in Maryland. It is difficult to win a case based on undue influence or lack of capcity. These also tend to be expensive

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Answered on 10/06/09, 8:16 pm


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