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

[TrustUser]

look at who benefits from a given situation - that generally points to the answer !!

 

[quincy]

look at who benefits from a given situation - that generally points to the answer !!

And the son of the girlfriend inherits everything if she predeceases him.

 

[Zigner]

look at who benefits from a given situation - that generally points to the answer !!

While writing his will, my long-time friend asked if I wanted an item. I said yes, so he include in his will that I was to get the item. Was that undue influence?

Another good friend of mine who I often would visit, providing comfort through hard times and the like, hadn't spoken to his children in years. He decided to give me his entire estate. Was that undue influence?

 

[quincy]

While writing his will, my long-time friend asked if I wanted an item. I said yes, so he include in his will that I was to get the item. Was that undue influence?

Another good friend of mine who I often would visit, providing comfort through hard times and the like, hadn't spoken to his children in years. He decided to give me his entire estate. Was that undue influence?

Did your friends have children and did they acknowledge their children’s existence in their wills?

 

[Zigner]

Did your friends have children and did they acknowledge their children’s existence in their wills?

Does it matter? No, it doesn't when the matter of "undue influence" is discussed.

 

[TrustUser]

And the son of the girlfriend inherits everything if she predeceases him.

i see there are 2 sherlock holmes here - LOL

 

[quincy]

Does it matter? No, it doesn't when the matter of "undue influence" is discussed.

Here is a link to an interesting article on “undue influence” published by the American Bar Association:
https://www.americanbar.org/groups/senior_lawyers/publications/voice_of_experience/2017/may-2017/undue-influence-revisited/

As a note: It appears that the ABA relies on spell-check instead of editors. “Many states have statues referring to undue influence in their civil code or probate code or in some instances, criminal code.”

Bolding added.

 

[Zigner]

Here is a link to an interesting article on “undue influence” published by the American Bar Association:
https://www.americanbar.org/groups/senior_lawyers/publications/voice_of_experience/2017/may-2017/undue-influence-revisited/

As a note: It appears that the ABA relies on spell-check instead of editors. “Many states have statues referring to undue influence in their civil code or probate code or in some instances, criminal code.”

Bolding added.

LOL

 

[TrustUser]

hi zig,

whether the influence could be considered illegal or not - is up for grabs

so let me rephrase it, and say improper influence

no parent that i have ever heard of would ever question age, when answering "if they had children"

and you wont find his answer on the internet, either

i think it is EXTREMELY HIGHLY LIKELY that he got this info from his girlfriend

and i am guessing that at least in some states, it would also be considered "undue", if that is a legal term

i think quincy's advice about talking it over with an attorney is at least worth doing

 

[Zigner]

hi zig,

whether the influence could be considered illegal or not - is up for grabs

so let me rephrase it, and say improper influence

no parent that i have ever heard of would ever question age, when answering "if they had children"

and you wont find his answer on the internet, either

i think it is EXTREMELY HIGHLY LIKELY that he got this info from his girlfriend

and i am guessing that at least in some states, it would also be considered "undue", if that is a legal term

i think quincy's advice about talking it over with an attorney is at least worth doing

Fair enough

For the record - I never argued that the "children" in this case wouldn't include adult children.

 

[Taxing Matters]

While writing his will, my long-time friend asked if I wanted an item. I said yes, so he include in his will that I was to get the item. Was that undue influence?

Another good friend of mine who I often would visit, providing comfort through hard times and the like, hadn't spoken to his children in years. He decided to give me his entire estate. Was that undue influence?

Exactly what constitutes undue influence varies slightly from state to state but as you describe it those are not instances of undue influence. Black's Law Dictionary, 10th Ed., defines it with respect to wills as follows: "Coercion that destroys a testator's free will and substitutes another's objectives in its place." That summarizes the concept as used in most states reasonably well. It involves some element of coercion or extreme pressure such that the testator is not doing what he or she wants to do but is instead bowing to the desires of someone else. Undue influence cases are not easy to win when the estate beneficiary is someone who stood in a close relationship such that you'd expect they'd be the object of testator's affection anyway — children, siblings, parents of the deceased, spouse of the deceased, and longtime romantic partners of the deceased are all people to whom one might naturally expect a testator to give his/her stuff. Long time friends can fit that bill too. You see undue influence cases the most where the testator was in some kind of vulnerable position and some opportunistic person comes in late in life and takes advantage of that vulnerability to exert pressure to make the testator change his/her will to benefit themselves and cut out those with whom the testator had been close.

 

[Taxing Matters]

i think it is EXTREMELY HIGHLY LIKELY that he got this info from his girlfriend

If his girlfriend wrote the will that by itself would not be enough to win an undue influence case, though it would be one bit of evidence that along with other things could paint a picture that she indeed coerced him or applied overwhelming pressure to him to get him to sign the will.

i think quincy's advice about talking it over with an attorney is at least worth doing

I agree, but undue influence cases are often not easy or cheap to win so the OP will want to be assured he had a fairly strong case for that before going down that road.

 

[quincy]

I think an attorney review of the will, and the facts surrounding its drafting, would be a very smart move. There appear to be red flags a-waving.

 

[zddoodah]

The definition of "child" in this context is confusing. I've been trying to find the correct legal definition but haven't gotten anywhere.

Section 1-201(5) of the Maine Probate Code defines "child" as follows: "'Child' includes any individual entitled to take as a child under this Code by intestate succession from the parent whose relationship is involved and excludes any person who has no other relationship to the parent than as a stepchild, a foster child, a grandchild or any more remote descendant. " Not surprisingly, this probate specific definition does not bother with the fundamental dictionary definition of child, which pretty much anyone understands and which does not distinguish between adult children and minor children. No reasonable person would interpret the language you quoted from your father's will as meaning, "I have no minor children, but I'm not saying one way or the other regarding adult children." By way of example, I have a child who is an adult (as does "adjusterjack"). My child is still, and always will be, my child.

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.

That's the critical thing here. If he had a will that was made before you were born, you'd have a strong claim to a share of the estate. However, he obviously knew you existed and, presumably, intentionally omitted any mention of you. That he included a false statement about not having any children may not matter because the bottom line is that he was free to exclude you from his estate. The better way for him to have done this would have been to say something like, "I have one child, Robert Smith, born 7/17/1978. I am intentionally providing for him to receive nothing by way of this will." I would encourage you to consult with a local probate attorney, but I wouldn't hold out any hope.

I'm just trying to understand why, legally, he would need to state "I am single and have no children."

He didn't "need to" do that. He just did it. Why did he do it? We can only guess.

 

[TrustUser]

hi tm,

i dont know much about actual court cases, so i wont argue with you on what would happen. only on what should happen, and what would happen if i was judge.

it isnt just about who gets stuff. it is also about who doesnt get stuff. let me repeat - THERE IS A HUGE RED FLAG WAVING - the girlfriend's kid gets everything, and the father's kid gets nothing ?

i daresay when that happens, there is almost always unfair play going on. the father writing in his will that he has no children - what the hell ??

like i said, there are really 2 conclusions that are likely - 1) the son was not liked by the father OR 2) the girlfriend had IMPROPER influence.

and if she was the one that wrote or helped write the will, that is another big influence.

the reason why i do not think #1 is as likely is because if the father really didnt want his son inheriting anything, he would not have done what he did. cuz what he did opens up a possible can of worms, and allows the possibility of the son getting something, etc. if the father had said he has a son, name such and such, born such and such, etc. it is my intention not to give him anything, etc.

you can find that idea a million different places on the internet. and they all would have advised him to do exactly that

so let me repeat - THERE IS A HUMONGOUS RED FLAG WAVING AROUND. and if i was judge, i do not like red flags, cuz i know they are almost always signs of foul play somewhere along the line !!