Unfortunately, first marriages do not always last. One or both parties may go on to marry another person. This new relationship may or may not lead to more children. If you are an adult child from a first marriage and your parent dies, then it is the worse feeling.
Things are not going to get any better after finding out you was left of your parent's will. However, it is time to discuss your options with a probate attorney. Read on to find out the next steps you should take.
Start The Will Contest
Some adult children have a surprise reaction to being left out of the will because of the relationship they had with their parent. It is even more of a surprise when you remember being in the original will. Unfortunately, things can change when your parent is married to another person. However, probate law only allows wills to be contested by spouses, children and other people mention in the estate. These people must have been put in a previous or current will. If you think there is a problem with the will, then you should notify the courts. This notification starts your contest of the document.
How Is The Document Executed
Execution plays a major role in a will being valid. A will is considered valid when witnessed and signed. It the document is witnessed by two people and signed by your parent, then it meets state requirements. You can challenge validity when the document is not signed, not your parent's signature or when not witnessed.
Not Of Sound Mind and Memory
Some adult children make the argument that their parent was not of sound mind and memory. Testamentary capacity is the legal term used to describe a person's mental ability to alter or make a will. The law does not require your parent to be 100 percent when it comes to mental capacity. You parent must have an understanding of his assets, what property is being given away, the effects of the will and who his beneficiaries and heirs are. A person who is in the early stages of dementia could meet these requirements.
Losing a parent is a tremendous loss and can cause problems with other family members. Money is often one of the main issues. If you think the estate is not divided up properly, then you should take it to probate court. It helps to know when and how to overturn a will. Contact a lawyer, like David R Webb Attorney, for more help.