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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1129
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My Dad is 86 and still has a lot of money. He told me if I

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My Dad is 86 and still has a lot of money. He told me if I don't make it in the priesthood, I'll be disowned. He's alcoholic and has been psychologically abusive and manipulative since childhood. I'm 48 and I think I stand to lose about $100K is he disinherits me. Can I sue his estate after his death? What are the chances I could prevail in Massachusetts if he clearly and explicitly leaves me out and gives all to my siblings?
Submitted: 11 months ago.
Category: Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you what you might be hoping to hear.

Sorry you are dealing with this situation. Unfortunately, nothing in Massachusetts law prevents a parent from disinheriting a child. A parent is free to do so if they expressly provide for the disinheritance in their will or by trust agreement. A verbal statement is not enough but specific mention in a will is.

However, if a person dies without a will, the estate would be distributed by state statute in which case it would not matter what the decedent verbally stated and all children would be entitled to a share of the estate.

Assuming a will is created with specific language disinheriting you, in order to take a portion of the estate you would have to prove that the will was not a product of your father's own free making and was under duress to cut you out of the estate.

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" or “continue conversation” tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

 

J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1129
Experience: Experience in estate planning including wills, trusts and succession planning.
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