Can we contest our father's will?


If a deceased parent's will does not mention adult children, are those children entitled to anything? My father, who lived in Florida, passed away and left everything to his mother. My sister and I were not even mentioned in his will. Do we have any legal ground to stand on to fight this?


From the plainish words of the controlling law, Florida Statutes Section 732.302, it appears that neither you nor your sister would be entitled to make a claim against the estate as a pretermitted child -- that is, accidentally overlooked child -- unless you were born or adopted after the will was made. (For more information on which family members have a right to inherit, see Inheritance Rights.)

If there is enough money at stake for you to pay $200 or so to a lawyer for a double-check on whether there are any other grounds upon which you may contest the will, such as fraud or undue influence, it might be worth shaking your coin purse to do so.

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