< Can a child from a previous marriage contest my Will? – McGinty Belcher & Hamilton, Attorneys, PC

Question:
My wife and I have been married for many years. My wife and I have one son together. We each have a Will that leaves everything to the surviving spouse but to our son after we both die. I also have another child from a previous marriage, a girl who is 40 now. I have not heard from my daughter for many years but I have been worried lately about whether she can contest my Will and claim part of my estate. Is that possible?
Answer:
Anything is possible. Anyone can contest a Will, even a Will that has what we call a “no-contest” clause. Whether or not a person is successful in making a claim against another’s estate is another matter and will be determined upon the facts of the case and the basis of the claim, e.g., lack of testamentary capacity. Each case is different. However, generally speaking, a parent has no obligation to leave anything to an adult child. I would recommend that to put your mind at ease you speak with an attorney and review your estate plans to make sure that your current plan meets your needs.