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Can I break my father's will?

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I am in South Carolina. My father died in 1998. My step-mother received the whole estate from a will dated in 1988, My brother and I were never mentioned in the will. Do we have any legal rights to anything?


Senior Member
Why are you askkng NOW? If you asked before the Will was admitted to probate, in most states yopu'd have had a great case. If you were a minor, I'd run to a lawyer with a copy. Absent ANY mention of children, in most states the Will would not stand up. But each state is different and I'm not familiar with SC laws.


MAY 18, 2001


Is the will still being probated now or has the estate closed?

You should have contested the will while it was still being probated, so it is too late now.

South Carolina probate law requires that the children must be mentioned in the will, so I don't know why the probate judge did not bring this to the executor's attention. Were you all notified about the will being probated in court so that you could attend the hearing to find out what the will said?

It's unfortunate, but it seems as if your stepmother manipulated your father in making a new will that would benefit only her. It was wrong, but unfortunately this happens sometimes. If you had a good relationship with your father, then it seems as if he would have wanted to leave you all something.


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I am sorry to say that you are not alone. Read my story and help me change these laws or at least make people aware of what can happen.

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