Can I contest my Step-Father's will?

Question

My Step-Father, who legally adopted me, just recently died and the will speaks of my sister, but does not mention me all. Because I am not mentioned in the will can I contest and invalidate the will on these grounds?

Answer 1

Legal terms, if there was an adoption, you are not a step child.. you are a child with all legal rights. If he died without any will.. then legally, the estate is divided per state law.

But he did leave a will.  In a will, any parent CAN leave what he wants, to who he wants, child or not.  So, I guess the question would come down to if he was in his right mind when he wrote the will, and do you have reasons to think it was not what he intended or wanted??

bottom line, I'd talk to a lawyer about all the facts, to see if he thinks you have any chance to invalidate it.  

Answer 2

Questions to consider:

On what grounds are you contesting?

When did your step-father write/sign the will? Before your adoption or after?  If it was well before your adoption, maybe. But I would say no if he was of sound mind and body at the time the will was signed by him.

***Another website - more legal langauage  - contains information for someone left out of a will

BUT Talk to a lawyer.

Answer 3

It may depend on where you live.  Where I live in the NW the will maker must name a family member to be left out of the will if the want them to get nothing.