I’m going to answer this question because I received that question a couple weeks ago who asked this question after a loved one died. Specifically, the caller explained that there was an executor, and he was told by the executor that she can have all the property that the loved one left. The answer to the question depends on the terms of the last will and testament. For instance, if your dad married another woman, he named her as the executor and decided to leave her everything in his will, she is entitled to receive all the property if dad was in his right mind. The new wife can have everything because if the will is valid, the bequest will be followed by a court. As long as dad had the testamentary capacity, which is the ability to understand his property and how he was disposing of the property, the property will be the new wife’s property.

I have seen many wills where the decedent wanted to leave everything to their surviving spouse because the kids had a falling out when dad married the “other woman”. Additionally, some parents will not leave anything to their children because they believe they gave the children plenty of stuff during their lifetime.

A parent is free to write a child or children out of their will as long as they had their wits about them and weren’t coerced or influenced when they executed the will.

So, like most things the answer to the question depends. An executor may be entitled to receive all the decedent’s property if the decedent was not coerced into writing the will and they knew what they were doing at the time the will was executed. If you think there’s some hanky panky going on, when the will was written, then you’d have to look and see if there are enough facts and circumstances for you to contest the will. Contesting a will is very difficult and fact specific.