(Wills) Father states in will, "has no children." But this is false info. How is this legal?

[InfoTime]

I just received a copy of my deceased father's will. (He died in Maine). I received a letter from the probate court stating that I was permitted to see the will because I was listed as "heir".

However, in the actual will, the very first line states "I am single and have no children."

Then it goes on to give everything to his girlfriend.

He never legally disinherited me. We were actually on good terms but hadn't spoken in a while. I'm wondering how it is that this is even legal, given he DOES have a child yet states in writing that he does not? Couldn't he have said he does have a child, then just proceeded to give everything to his girlfriend? Why lie? (Note: This document was approved by two notaries).

 

[cbg]

Do you understand what a notary's stamp and seal does? It attests to the identity of the signatory, NOT to the truthfulness of the information contained in the document. In other words, the fact that it was stamped and sealed by a notary has no relevance.

 

[InfoTime]

I do understand that, I'm not placing any legal weight on the notaries. I'm just saying it wasn't like this was a random piece of paper that was found after he died.

 

[adjusterjack]

If you are over 18 you are an adult and not a child so it's accurate for him to write that he has no "children." It's also quite legal to leave nothing to one's adult offspring.

 

[InfoTime]

Ah ok. So the definition of "child" really is that of a person under the age of 18. That would make sense. I've read conflicting views as to that definition.
thanks!

If you are over 18 you are an adult and not a child so it's accurate for him to write that he has no "children." It's also quite legal to leave nothing to one's adult offspring.

 

[zddoodah]

He never legally disinherited me.

That's hardly surprising because there is no such thing as "disinheriting" someone.

I'm wondering how it is that this is even legal, given he DOES have a child yet states in writing that he does not?

I don't know quite what you mean by questioning the "legality" of this.

Couldn't he have said he does have a child, then just proceeded to give everything to his girlfriend?

Yes.

Why lie?

No one here is privy to your father's motivations.

This document was approved by two notaries

A notary acknowledgment simply provides evidence that the signature is genuine. A notary has neither the authority or the competency to "approve" (or disapprove) a will.

If you are over 18 you are an adult and not a child so it's accurate for him to write that he has no "children."

Ah ok. So the definition of "child" really is that of a person under the age of 18. That would make sense. I've read conflicting views as to that definition.
thanks!

No, no and NO! The information "adjusterjack" gave you is wrong. In this context, "children" includes both adult and minor children.

Question for you: How old are you, and when was the will made?

 

[InfoTime]

No, no and NO! The information "adjusterjack" gave you is wrong. In this context, "children" includes both adult and minor children.

Question for you: How old are you, and when was the will made?

Thank you for the responses. The definition of "child" in this context is confusing. I've been trying to find the correct legal definition but haven't gotten anywhere.
I'm currently 42 years old and the will was made in Feb of 2012. -- So I would not have been a minor when it was made.

 

[InfoTime]

I'll add, I'm not trying to find some loophole to swoop in and grab a portion of what was left to the girlfriend. Honestly, I really don't care.
I'm just trying to understand why, legally, he would need to state "I am single and have no children." When it would be just as easy to state my name and then go on to bequeath everything to another party.

 

[quincy]

Thank you for the responses. The definition of "child" in this context is confusing. I've been trying to find the correct legal definition but haven't gotten anywhere.
I'm currently 42 years old and the will was made in Feb of 2012. -- So I would not have been a minor when it was made.

For your purposes, a child means the offspring of (or someone adopted by) a person. It is in family law in Maine that a child is defined as someone under the age of 18.

If your father was legally your father, you are/were his child, regardless of age.

 

[Just Blue]

Thank you for the responses. The definition of "child" in this context is confusing. I've been trying to find the correct legal definition but haven't gotten anywhere.
I'm currently 42 years old and the will was made in Feb of 2012. -- So I would not have been a minor when it was made.

I'm very sorry for the loss of your father.
What was the worth of the estate?

 

[InfoTime]

For your purposes, a child means the offspring of (or someone adopted by) a person. It is in family law in Maine that a child is defined as someone under the age of 18.

ok, thanks. This makes perfect sense within this context.

 

[InfoTime]

I'm very sorry for the loss of your father.
What was the worth of the estate?

I really have no idea. Land (probably a few acres) with a house (4-5? bedrooms, 2 floors, decent sized). And in the Maine woods but very accessible to popular towns.

 

[Taxing Matters]

If you are over 18 you are an adult and not a child so it's accurate for him to write that he has no "children." It's also quite legal to leave nothing to one's adult offspring.

Wrong, Jack. A person's child remains his/her child regardless of the child's age. And putting in the will that he had no children was a poor choice as it opens up the will to possible attack. So if his girlfriend encouraged that move she may have shot herself in the foot in the process.

 

[quincy]

I'll add, I'm not trying to find some loophole to swoop in and grab a portion of what was left to the girlfriend. Honestly, I really don't care.
I'm just trying to understand why, legally, he would need to state "I am single and have no children." When it would be just as easy to state my name and then go on to bequeath everything to another party.

InfoTime, do you know if your father was of sound mind in 2012, when the will apparently was drafted? Was an attorney involved in the drafting of the will? Do you know if your father’s girlfriend assisted in any way with the drafting of the will?

Apparently the Probate Court was aware of your existence and that you were your father’s child, which is why you were contacted.

While it is not unheard of for a parent to leave their child(ren) out of their will, you mentioned that you and your father were on good terms. You might want to speak to and have the will personally reviewed in its entirety by an attorney in your area. Something seems off here to me.

 

[FlyingRon]

Wills in Maine are not required to be notarized. The testators signature must be attested to by two witnesses. Using someone who is impartial (like a notary) cuts down on a lot of subsequent argument though.