should I object to heirship?
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should I object to heirship?
My absent father who I have not heard from in 30 years died. I have been
contacted by a lawyer about his estate and informed I have a younger brother.
He is not responding to the lawyer and I have been given the option to object to
his heirship. Does it make sense to object?
Asked on January 23, 2019 under Estate Planning, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is a will, the estate is divided as the will directs--only object if you think there is some reason the will might not be valid (such as that it was forged; or your father was coerced into it; or your father was not mentally competent when he created it). This in practice means you would evidence of one of these things, since without evidence, you could not win your challenge. But otherwise, if the will is valid, whatever it says will be enforced.
If there is no will and your father was not married when he passed away, then his children will share equally in his estate. You would object to the heirship if you believe (and again, think you have or can get evidence) that the younger brother is NOT in fact the biological or adopted son of your father (e.g. he is a stepson or the son of a girlfriend but not your father). Otherwise, if he is a blood or adopted child, his right to inherit is equal to yours.
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