If my mother passed away and the family home was left to a younger brother but no provision was made for her daughters, do they have any claim on the family home or it’s contents?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother passed away and the family home was left to a younger brother but no provision was made for her daughters, do they have any claim on the family home or it’s contents?
Asked on August 12, 2017 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your mother's Will excluded you and your sister, I'm afraid that there really isn't much that you can do. The fact is that a parent can disinherit their children (although typically some language of disinheritance is legally required, depending upon specific state law). Or if you and your sisters were included in the Will as beneficiaries of the rest of your mother's estate but the house was specifically left to your brother, unless you can prove fraud or some kind of undue influence, etc. over her on your brother's part (which you did not indicate), the Will stands as to the house. However if the Will was silent as to its contents, then all beneficiaries share in them; they do not convey with the house.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.