Not everyone is entitled to an inheritance, no matter what promise was made.
Q. My dad has terminal cancer. I am his oldest daughter and also the product of his first and only marriage. I have a younger sister and he was never married to her mother. My father always said I would inherit his house once he passed away, but he changed his mind after I spent several years in prison. Now he won’t give me a clear answer. My sister is already in charge of his house, car and bank account.
All adult children are treated the same, without regard to their age or so-called legitimacy, Novick said. Assuming your dad does leave a will that excluded you in whole or in part, you may have some recourse by challenging the validity of the will or the enforceability of its provisions, Novick said.The first is that the will was improperly signed. Obviously, there is no way to determine this without seeing the will and comparing it to the legal requirements, Novick said.testamentary capacity.
There are exceptions to rules that limit a person’s ability to disinherit a surviving spouse or a minor child, and there are distribution instructions that are against public policy, such as requiring a beneficiary to get divorced as a condition of the inheritance. Neither of these exceptions seem to apply here, he said.
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