US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Can Child 2 contest a closed estate after finding a new will?

Can Child 2 contest a closed estate after finding a new will?

Full question:

The estate of Parent A has been closed via formal proceeding. Two years later, Child 2 of the decedent finds a will at the attorney's office devising all of Parent A's estate to him. The will was to be executed the week the decedent died. Can Child 2 contest the formally closed estate proceeding?

Category: Wills and Estates
Date: 04/07/2025
State: Alabama

Answer:

The will that names Child 2 was not signed, making it invalid. Although some jurisdictions might question the document's validity as a will, the estate's closure through a complete settlement petition prevents Child 2 from raising this issue.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Would Congress have authority under section five of the Fourteenth Amendment to enact a statute barring states from establishing a maximum age for firefighters?

Congress can enact laws under Section 5 of the Fourteenth Amendment to enforce equal protection rights. However, whether it can bar states from setting a maximum age for firefighters depends on whether such a law addresses discrimination or protects fundamental rights. Courts would likely assess if age restrictions violate equal protection principles. Thus, while Congress has authority, the specific application would require careful legal analysis.

When someone named in a will dies does the inheritance they were entitled to go to their children?

If a beneficiary named in a will dies before the testator, their inheritance typically does not automatically pass to their children unless the will specifies that. This is often governed by state laws regarding wills and intestacy. In many cases, if the will does not mention the deceased beneficiary's children, the inheritance may revert to the estate or be distributed according to the terms of the will.

Does inheritance go to kids or spouse?

Inheritance distribution depends on the deceased's will and state laws. If there is a will, it dictates who inherits. In the absence of a will, state intestacy laws generally prioritize spouses and children. Typically, a spouse may inherit a significant portion, but children often have rights to inherit as well. Each state has specific rules governing these situations.

How does inheritance work when someone dies?

When someone dies, their assets are distributed according to their will or state intestacy laws if there is no will. The process involves settling debts and taxes before distributing remaining assets to beneficiaries. If a valid will exists, it guides the distribution. If not, state laws determine how assets are divided among heirs, typically prioritizing spouses and children.

Can a beneficiary lose their inheritance?

Yes, a beneficiary can lose their inheritance under certain circumstances. This may occur if they predecease the testator, if the will is contested successfully, or if they are disqualified due to legal reasons, such as committing a crime against the deceased. Additionally, if the estate is insolvent, creditors may take priority over beneficiaries.

Does a will override a named beneficiary?

A will typically does not override a named beneficiary on a financial account or insurance policy. Beneficiary designations on these accounts take precedence over any conflicting instructions in a will. However, if the will explicitly states otherwise or if the beneficiary designation is invalid, the will may prevail. Always check state laws and account terms for specifics.