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Executor

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Kandace

Junior Member
What is the name of your state (only U.S. law)? New Jersey

My uncle is working with a lawyer to prepare his will. He is naming me as the executor and he will give me a copy of it once it's done. He has two children and plans on not leaving them anything. His wife past a way more than ten years ago. She has a three grown children from a previous marriage and they have not spoken to my uncle since their mother's death. Is it possible for them to contest the will if their name is not mentioned.
 


anteater

Senior Member
You need to understand something. Our legal system provides everybody their day in court if they have the energy and resources to pursue it. Some of those "days" are real short because the grounds for taking up the court's time are slim to non-existent. Other "days" are longer.

Which means that there is no sure-fire method of preventing a will contest if the kids are determined to do so.

Your uncle should express this concern to the attorney so that the will's provisions make his intent completely clear.


ADDITION: Which set of kids are you referring to? Unless he adopted the deceased wife's children, they likely would not even have standing to challenge the will. Their day in court would be very, very short. His own children would at least have standing and the above would apply to them.
 
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tranquility

Senior Member
Due to some recent decisions, In Terrorum clauses in wills are now in disfavor. What they do now is give conditional bequests. I'm sure the attorney will understand.
 

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