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Can i contest my fathers will he passed away and even though my parents have been split for over 2 years her name was still on the will and she wants to take everything and leave us with nothing?
Wiki User
∙ 14y ago
Some states say that divorce and marriage invalidates a will. You should check with a lawyer, but anyway your father has to write you out of the will for you to not be legally entitled to a portion. So by simply not putting you in the will it is not enough, he has to literally put a clause in saying he wishes for you to inherit no personal or real property or assets under his will.
Best luck, and I hope all works out for you. The other thing is to prove your fathers intent. You could argue that if he took other things from your mother/stepmother it was his intent to not give her any of the things promised in the will. Every state is different. But by most laws if the will is found to be moot then the funds would go to 1st generation next of kin starting with children and then going to parents and then to second generation going first to grandchildren and second to siblings. Best of luck in your case.
Wiki User
∙ 14y ago
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