How To Get Added Back To A Will
You might think that your loved one can leave you out of their will if they choose. However, there are many cases where individuals have successfully contested the fact that they were left out of a will. In some cases, you may have been left out of the will due to a mistake or due to ill intent on the part of another party.
The Will Was Not Signed Following State Laws
In many states, to sign a will, the individual involved must have a witness present to make sure that there is no foul play. If the will is not signed in the proper way, this might lead to it being contested. If you believe there is something fishy, it's a good idea to discuss this with an inheritance lawyer.
A Disinherited Heir-at-Law
When an individual passes away without a will, there are state rules regarding who will be entitled to receive a portion of the inheritance. However, if your loved one had a will and you were not included in the will, such as if you are the youngest child and the will was simply not updated, you may be able to successfully contest the will.
To contest the will, you will likely need help from an inheritance lawyer. You must prove that your loved one would have intended to have you in the will and that there was simply a mistake. Also, there may be some other legal reason that you should have been included in the will. If you are able to establish your case to the court's satisfaction, you may receive a portion of the inheritance.
If your loved one was not of sound mind before the will was written, your attorney might allege that the will is filled with mistakes and that failing to include you in the will was simply another mistake. You might have been named a beneficiary of a previous will, for example.
No Contest Clause
Even if the will has a no-contest clause, there is no reason not to contest it. Typically, a no-contest clause will cause an inheritor to lose their portion of the inheritance if they fail to successfully contest the will.
However, if you have been written entirely out of the will, there is no reason to worry about the no-contest clause. Instead, you will want to speak with an inheritance attorney about how you can best approach your case.
For more information, reach out to an inheritance lawyer.