Blood Relatives & Wills

By Robin Elizabeth Margolis

If you make a will, you can leave property to your blood relatives -- your children, grandchildren, parents, siblings and other biological relatives -- or you can exclude them from your will. If you die without leaving a will, a state probate court will divide your property between your spouse, if you are married, and some of your blood relatives. If you leave a will that is unclear, doesn't follow your state's requirements for a valid will, or contains odd provisions that suggest you are not mentally competent, your blood relatives can challenge the will.

State Inheritance Laws

Each state has its own complex laws regarding what constitutes a valid will and which of your blood relatives will inherit your property if you die without one. If you make a valid will, you can choose to disinherit any of your blood relations, including your children. Only Louisiana does not allow parents to disinherit a child. Although your spouse is not considered a blood relative, most states provide legal protections to spouses whereby you cannot disinherit your spouse so long as you are legally married.

No Will

Typically, if you die without leaving a will, known as dying intestate, the probate court will give your property to your surviving spouse, children or grandchildren, a process known as intestate succession. If you die without a spouse, children or grandchildren, your property may go to your parents or siblings. You may wish to consult your state's laws to determine the exact blood relative intestate succession rights in your state.

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Intestate Disadvantages

Dying without a will means blood relatives whom you dislike may inherit a substantial amount of your property, while your live-in companion, other blood relatives you are fond of and friends may receive nothing. In addition, if you die without a will, a probate court must appoint an administrator to review your estate and locate your heirs, a process that can create delays and expenses that drain your estate's cash.

Valid Will

If you are drafting or updating your will, be sure that it conforms to your state's requirements for a valid will. States typically require your will to be signed and dated, contain no confusing language and have no unusual bequests that suggest your mind is impaired. Otherwise, your blood relatives may be able to successfully challenge your will.

Blood Relatives Challenge

In one well-known example of blood relatives challenging a will, two grandchildren of Leona Helmsley, a deceased wealthy businesswoman, successfully attacked her will, which disinherited them while leaving millions of dollars to her dog. A judge decided that Helmsley was mentally unfit while drafting the will. Therefore, the court ordered that each disinherited grandchild receive $6 million and the dog's share of Helmsley's estate reduced to $2 million.

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Dying Without a Will in Maine



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