Beneficiaries inherit from an estate with a will or trust in place. Heirs have a right of inheritance when there is no estate plan on record. Typically, spouses, children and other immediate family members become heirs when a person dies without a will.
When an adult has taken the time to create an estate plan and name their own beneficiaries, their wishes as outlined in their testamentary instrument generally have priority over state inheritance laws. Occasionally, the news of someone’s death may lead to previously unknown individuals claiming a family connection. After a father dies, for example, a previously-unknown adult may show up, claiming to be his child from outside of the family.
Do surprise family members have the right to contest a will?
A will contest is possible in some cases
Unknown heirs could theoretically have a right of inheritance when a person dies without a will on record. In those cases, intestate succession laws do not differentiate between the legitimate children born of a marriage and the children from outside relationships.
However, the presence of a will generally means that the decedent’s wishes, rather than succession laws, dictate inheritance rights. An unknown child who can prove a connection to the deceased parent could contest the will if they can convince the courts that their omission from the will was an accident. The timing of the will’s creation and other details influence their chances of successfully contesting a will.
Those with an interest in an estate and the people tasked with estate administration may need guidance when unusual circumstances arise. Consulting with a probate and estate lawyer can help concerned individuals address complex circumstances, such as the surprise discovery of a new descendant of the deceased.