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Elizabeth Powell
Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience:  Washington State
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what if a sirviving child was left out of a will even ...

Resolved Question:

what if a sirviving child was left out of a will even though the land that was her father is now being divided up between her stepsistersand stepbrother. she was not mention in her stepmothers will does she have any rights to the land that has been in her family for over a hundred years
Submitted: 9 years ago.
Category: Family Law
Expert:  Elizabeth Powell replied 9 years ago.

Was the surviving child mentioned in the will and expressly disinherited or was the surviving child omitted from the will? What happened when the surviving child's father died? Was his will probated? How did everything pass to the new wife?

I'd strongly suggest that you take copies of both wills - the father's will (and decree of probate) and the stepmother's will to a local attorney for a consultation. If you don't know who wrote the father's will, call the County Bar Association and ask. Chances are they will know. Hope this helps. XXXXX XXXXX

Customer: replied 9 years ago.
I dont believe that the childs father had a will. The stepmother of his child went and got a quick claim deed the day after he died. The stepmother did not include the stepchild in her will only her children. The land is being split between her three children. Does the stepchild have any right to her Fathers farm.
Expert:  Elizabeth Powell replied 9 years ago.

The stepchild should go file a creditor's claim in the stepmother's probate. The stepmother could not have gotten a deed after the father died (and it is a quit claim, not quick claim) because the only person who could have signed the deed was deceased.

Please, please go take what you have to a local probate attorney. The risk you are running by trying to do this on the cheap is outweighed by what you stand to lose. I understand how much you are trying to get to the bottom of this, and I am afraid that I can't be of much assistance to you via internet. You need a face to face consult with a local attorney. XXXXX XXXXX

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