Worried about a disinherited sibling

[Belle0708]

I'm from Tennessee, and forsee a problem with my mother-in-law's will. She has two children, but only included my husband in her will. There is no mention of her daughter, who is from a previous marriage, in the will. If her daughter chose to contest the will in the event of my mother-in-law's death, would she have a good chance of winning?
I would be most appreciative of any sound advice. Thanks!

 

[advisor10]

MAY 29, 2001

DEAR BELLE:

Is your mother-in-law still living now or deceased?

If there is no clause in the will that specifically disinherits the daughter from a previous marriage, then there is a small chance that this daughter could decide to contest the will (although it would be very difficult for her to come up with valid legal grounds to do so).

If your mother-in-law wants to make sure that this daughter has no grounds to contest the will, then she needs to have the language written in the will that states specifically that for whatever reason, this mother-in-law specifically intends that this daughter not be receiving anything from this will, specifically mentioning her by name.

SINCERELY,

[email protected]

 

[Belle0708]

My mother-in-law is still living. I am not sure how to approach the subject with her without sounding callous, but I will think of something I'm sure. Thanks for the advice!

 

[prideluv]

Try telling your mother n law that she should rewrite her will to protect her daughter from the previous marriage, because in many states, when your father in law dies, if he has not specifically provided for her, she will get nothing as the step child. Read my story