Allegations of bigotry are not enough to successfully contest a will.
If you were cut off from a will because of race, religion, creed or natural origin - or any other class or category - you may be stuck.
If you disinherited someone for these reasons, many may disagree with you, but your wishes will be kept.
A case recently covered in The Algemeiner article, titled “New Jersey Woman Fails to Contest Father’s Will Over Alleged Bias Against Jewish Spouse,” demonstrates this situation.
Stacy Wolin, the daughter of Kenneth Jameson, contested his will.
She accused him of acting out of prejudice because she dated and married a Jewish man against the wishes of her father.
After listening to Wolin describe her father accuse a rabbi of brainwashing his daughter and how he disowned her completely thereafter, the panel of three judges upheld the previous ruling against Wolin.
Because the father created his will while of sound mind, the will must be upheld.
Even if a judge disagrees with the willmaker, the New Jersey Law Against Discrimination does not make disinheritance based on discrimination illegal.
The money instead will go as directed in the will to the Hospitaller Order of St. John of God Community Service to help those with developmental disabilities.
No matter what reason you have for leaving out a loved one from your will, a court must honor a properly created and executed estate plan.
Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.
For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.
Reference: The Algemeiner (August 14, 2016) “New Jersey Woman Fails to Contest Father’s Will Over Alleged Bias Against Jewish Spouse”