Can a Child Contest a Will?
For a variety of reasons, a child may need to contest a will. In most states, a child's guardian may bring suit against certain estates in probate so the child receives his or her fair share. Because most states also have laws prohibiting disinheritance of children or widows under certain circumstances, a child generally stands a good chance of winning such a challenge.
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Requirements for Child to Contest
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For a child to have grounds to contest a will, he must have an interest in the estate. In other words, there must be a sound legal reason to anticipate that he stands to benefit from a ruling in the case. For example, courts are likely to rule that a son of the deceased born after a will is signed, yet not listed in that document, would have been included in a later revision and thus has grounds to contest. Children in this category generally include the natural and adopted children of the deceased. Children included in earlier versions of the will, yet eliminated in the most current iteration, have grounds to sue. Under certain circumstances, grandchildren may also be allowed to contest a will.
State Laws Prohibit Disinheriting Minor Children
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A minor child cannot be completely cut out of a will unless her guardians choose not to contest. For example, Florida "homesteading laws" protect the interests of immediate family members in the home where they reside. Therefore a child cannot have her home willed aways. A deceased parent is expected to make provisions for his child just as if he were alive. In most cases, a child's challenge to a will results in the child being awarded a share of the estate.
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Who Brings The Suit
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A child cannot sue in a will challenge; rather, a guardian, parent or court-appointed trustee will contest a will on his behalf. The child's guardian should always retain a lawyer in this case. In some states, the same agency that helps collect child support through the state or county attorney's office may provide representation for a child unable to afford any.
Deliberate Disinheritance
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In some cases, a child is deliberately disinherited or left a token amount in a will. Most states do not allow disinheritance of a minor child and usually require a minimum amount reasonable for the child's maintenance. Even if a will is written in a manner that discourages contesting, always discuss options with a lawyer. It's likely that a minor child can gain a fair share of the inheritance by challenging the will.
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References
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