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    jhvryu's Avatar
    jhvryu Posts: 1, Reputation: 1
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    #1

    Jun 24, 2008, 02:07 PM
    Estate Law/Inheritance Law
    Is there a way to claim inheritance when a father did not leave anything to a child in his will and donated everything to a society?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 24, 2008, 02:12 PM
    Depends on the wording in the Will and it varies from State - if you can prove the father was having problems of some sort and forgot about you it's one thing; if there was some other provision for you, if there is wording to the effect that you are not being mentioned for cause, then, no.

    In most - but not all - States you are not ENTITLED to inherit. It was your father's money to with as he wished.

    (Do you mean he gave everything to charity?)
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Jun 24, 2008, 02:13 PM
    Basically, no. He (the father) donated everything in his will meaning that he didn't want his children getting the stuff. If there was no will then the possibility exists but because he willed to a society that is what he wanted.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Jun 24, 2008, 02:15 PM
    Perhaps - it depends on whether it could be shown that the father was not of sound mind when he wrote his will, or if the society somehow misrepresented itself to him. In general it's pretty difficult to do, but it has been done - Leona Helmsley's infamous will leaving miilions to her dog was just over-turned. You'll need a lawyer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 24, 2008, 02:18 PM
    It will depend on the state, but in most cases a child can not be totally written out, theyhave to be listed and given something. Your best bet of course before probate ends, is to hire an attorney and challenge the will.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #6

    Jun 24, 2008, 06:58 PM
    Just curious: would it matter if the parent had made comments to others to the effect that he was leaving all his worldly possessions to charity X while he was alive? So that the child would have been aware of that before the will was read? For example, my mother has often mentioned to me that she has thought about leaving her body to science, so if that clause showed up in the will, would I be able to contest it or would those prior statements show that she knew what she was doing when she did it?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jun 24, 2008, 07:25 PM
    Quote Originally Posted by Fr_Chuck
    It will depend on the state, but in most cases a child can not be totally written out, theyhave to be listed and given something. Your best bet of course before probate ends, is to hire an attorney and challege the will.

    Varies by State - speaking for NYS - you can say something along the lines of: "I am making no provision for my son XX for personal reasons." Attorneys discourage the "I am making no provision for my son XX for reasons known to him" because the son then says he doesn't know the reasons and the Court proceeding is on.

    It's when you just don't mention the son that the question is - "Did the father forget about XX?"

    Or you can say something along the lines that you have made "other provisions for my son, XX."

    Not necessary to leave anything - at one time (at least in NYS) Attorneys recommended "the sum of one dollar to my son XX" but the son always took that as a large personal insult and the fight was on.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #8

    Jun 24, 2008, 10:15 PM
    Have an attorney review the will.

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