Brentwood, NY asked in Estate Planning and Probate for Puerto Rico

Q: If my father has 3 children and leaves his will only to 1. Then states the other 2 don’t get anything. Can they fight?

There’s 3 children but father left the will only to 1. This was approved by a lawyer. Can the other 2 children still fight to claim some of the will?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In this situation, it's important to understand that the validity of a will and the rights of the children may vary depending on the laws of the jurisdiction in question, which, in this case, is Puerto Rico. In general, a person has the right to create a will and leave their assets to whomever they choose. However, if you believe that there may be grounds to challenge the will, it's essential to consult with an attorney who specializes in probate and estate law in Puerto Rico.

Typically, there are a few common grounds on which a will can be contested, such as if the person making the will (the testator) lacked the mental capacity to make a valid will, if there was undue influence or coercion involved, or if there are issues with the way the will was executed. If the other two children believe that any of these circumstances apply, they may have a basis to contest the will.

It's crucial to consult with a Puerto Rican attorney experienced in probate and estate matters to review the specific details of the situation and determine if there are valid legal grounds to challenge the will. They can guide you through the process and help you understand your rights and options under Puerto Rico's laws. Remember that legal outcomes can vary, so it's essential to seek professional legal advice tailored to your situation.

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