Did they leave you out of their will on purpose or just forget?

On Behalf of | Feb 19, 2022 | Will Contests

Money is never going to make up for the loss of your parent, but receiving something in their will can at least bring a smile to your face. It could help you clear debts, treat yourself to a holiday or put a deposit on your first house.

Discovering your parent left you nothing can therefore lead to a range of emotions, from anger to disbelief, from annoyance to suspicion. If you are the only expected heir to lose out, it can make it even harder to accept.

Does the will have a no-contest clause?

If the will has a no-contest clause, it slims your chances of challenging it. Ohio tends to uphold these clauses more than many other states. The clause also rules out the possibility your parent omitted you by accident. If there is no such clause, you have more options.

Is the will genuine?

Maybe your parent showed you a copy of their will a few months before they died. If this version is different, you want to trace how and when the changes occurred. If you visit the attorney listed as creating it and they know nothing about it, you may be able to claim fraud.

Was there undue influence?

If you can get a copy of an old will and the new one, you can see who has benefitted from you being removed as a beneficiary. Try to think if there is a valid reason for the change, and if you cannot think of one, consider what opportunities that person had to persuade your parent to change things. If they spent a lot of time alone with your parent while you were unable to visit, then you may need to investigate further.

Parents sometimes disinherit their children for a reason.  Yet, if you cannot imagine your parent would have done this to you, seek legal help to examine your options for challenging the will you are shown.

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