Q: deceased brother made a will giving property to our parents when he was single and passed away leaving one child
who has the rights for the property, no other will had been executed.
A: The child has the right to inherit. The child's legal guardian (I'm assuming the child is a minor) should contact a probate attorney.
Gerald Barry Dorfman agrees with this answer
A: If he left the child out of the will completely (not mentioning the child at all), the child is likely entitled to inherit what would have been the child's share if there was no will at all. The child in this situation is referred to as a "pretermitted heir".
A: This is a bit complicated as it depends when exactly the will was signed and when the child was born. It seems as though the will was signed before the child was born, which means the child does have rights to inherited as he/she should be considered an omitted child. However, if the will has been presented with a probate there will have to additional items filed to show the child's interest.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
