The contents of some wills can come as a surprise.
Do you expect to receive an inheritance?
What happens if you do not?
Can you change this?
According to a recent Investopedia article titled “What To Do When You're Left Out Of A Will,” the answer is maybe.
Are you a family member?
Were you named in a previous version of the will?
What if the deceased discussed a different estate plan with you?
You should take a few steps.
Write down what you remember including dollar value of the assets mentioned.
What if numbers were not given?
Provide a low and high estimate.
Would the amount you receive at least cover your legal fees?
If the answer is no, you may want to drop it.
The fact is, the maker (the "testator," if male or "testatrix," if female) of the will gets the last say.
The courts by default tend to uphold the wishes of those who make wills after they die.
Are there exceptions?
Yes.
Do you have reason to believe the will was changed under insufficient mental capacity or under duress?
You can ask an executor to review previous asset lists and wills if he or she has not notified you of changes.
You can also get a copy of the probated will from the court.
Do forget that you have a limited amount of time to contest the will.
This will depend on the state in which the decedent resided.
Is suspicion enough to win a case?
No.
You will have the burden of proof.
Your attorney can provide advice and let you know whether you have sufficient grounds to bring a challenge.
She may recommend filing a "contest" to invalidate the current will in favor of a previous will.
What if you have been left out of multiple wills?
You will have to prove the others are invalid as well.
Are there other options?
Possibly.
A compromise may work.
This would be accomplished through mediation.
The benefits?
It could be settled faster and with fewer legal fees, possibly even preserving important family relationships.
Whatever you choose, be sure to count the costs to your time, finances, and relationships.
Reference: Investopedia (May 31, 2018) “What To Do When You're Left Out Of A Will”
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