trust question

My daughter from my first marriage is 35. She has been estranged for years. My husband never adopted her. My husbands mother passed away recently and listed my daughter as a "grandchild" Since she was never adopted, she legally is not my mother in law's granddaughter. Can we contest the trust, as we do not believe my estranged daughter should inherit from my husband's mother.

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Feb 27, 2012
Daughter Likely is Included
by: Mo

Hi, I can't give you specific legal advice since I don't know all the facts or the unique law that might be effective in your state --- however --- it seems to me that if your daughter is named in your husband's mother's will or trust as a beneficiary or heir than she likely is. Your mother in law can leave her assets to whomever she wants, regardless whether they are technically relatives or not.

Of course, if your mother-in-law only named your daughter due to the misunderstanding, then, perhaps there is some possiblity of showing that her true desires were overcome by misinformation or something like that. Again, that depends on all the facts and local law -- but it does strike me as unlikely to be successful. If your mother in law knew your daughter and named her as a beneficiary, then that seems likely dispositive to me.

As always, discussing this with a local estate planning attorney is your best bet.

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