My mother passed away, and her will said: ''My estate is to be divided between the children of my prior marriage.'' The names of my children are:------&-------. My question is, since my mother did not mention my two older brothers who are deceased, do their children get anything? They didn't even see or call my mother for 10 years, then showed up at my dads funeral, which my mother was very upset about. She left them out for a reason. I have had to fire 2 attorneys because they let my sisters attorney just run over me, and did whatever he wanted, they didn't even listen to anything I had to say. So, I am not currently being represented.
1 Answer from Attorneys
The facts you provide are not sufficient to enable any type of a definitive answer for you. I cannot tell whether you are one of the children from the previous marriage. The same for your two older brothers. Were they from the previous marriage?
A child who is not even mentioned in a Will of a parent can petition the court for rights of a "pretermitted" heir. If there exists an extraneous fact which causes the Will to be amibiguous as to whether the pretermitted heir was intentionally left out or not, the court must recieve evidence to determine the testator's intent.