Need help re disinheritance/contesting will

[onefrostykat]

What is the name of your state (only U.S. law)? Illinois

Seven years ago my estranged biological Father (I am his only child) made out a will in Illinois, along with a trust naming my cousin trustee and executor. In the will he states: He is unmarried and has one living child (me by name).

He also states: "I give my tangible personal property and the rest of my property I own at my death to the trustee of my trust dated June, 2002. There is no other mention of me in the will itself.

In the trust, he again mentions he is unmarried and has one living child (me by name). He "disinherits" me later on in the trust stating: "Notwithstanding anything contained in this Trust Agreement to the contrary, I intend to make no gift of any kind whatsoever to my son Thomas D. Frost and his descendants."

Both the Will and trust were notarized.

The estate is probably $5 million, so the matter is not small by any means.

Do I have any legal grounds to claim a portion of the estate being the only biological child? No just cause for disinheritance was mentioned in the trust (there wasn't one unless you include my Father being forced to marry my Mother then deserting us when I was 2 years old). Does a reason for disinheritance need to be stated in either the Will or the Trust in order to be valid?

Do I have a case? Could I offer to not contest the Will/Trust for a small amount? I am the victim here, and this is just not morally or ethically just.
He never treated me as a son...and now I get slapped, and disrespected from the grave. This just plain wrong.

I just found out about the Will/Trust due to our estrangement.

Will an attorney take a case like this on contingency? Do I even have a case?

Thanks for any light you can shed on this for me.

Tom

 

[FlyingRon]

No, absent any proof that he was incompetent or coerced into the executing these agreements in a way that he would not be normally disposed to, he's free to not give you anything. No reason needs to be given. Actually, he doesn't even need to specifically disinherit you, but it certainly makes the intent clear.

You are not a victim. Children are not necessarily entitled to parents assets either in life or death.

 

[onefrostykat]

FlyingRon

You are not a victim. Children are not necessarily entitled to parents assets either in life or death.[/QUOTE]

I agree intellectually, and I was always after more of a relationship than any money (didn't know he had any...that's how much we were together)...but if you bring a person into the world I would think the proper thing to do would be to care for that person.

In my mind I AM at the very least an emotional victim.

I'll just bet you are more of a decent father than I had. Thanks for your response, Ron.

Tom

 

[curb1]

Is "father" still alive? Did "father" pay any support for your upbringing?

 

[Zigner]

In my mind I AM at the very least an emotional victim.

Then seek counseling.

 

[onefrostykat]

To Zigler

I have already done that. Thanks for the input.

 

[onefrostykat]

To curb1

"Father" died two months ago. "Father" paid my Mother something until I was 18 I believe. Thanks. Tom

 

[trust_id_09]

Trust Contest

No, absent any proof that he was incompetent or coerced into the executing these agreements in a way that he would not be normally disposed to, he's free to not give you anything. No reason needs to be given. Actually, he doesn't even need to specifically disinherit you, but it certainly makes the intent clear.

You are not a victim. Children are not necessarily entitled to parents assets either in life or death.

If I may add, Is your name mentioned at all in the trust instrument? I pretty sure I read somewhere, if he makes a specific provision stating something to the effect of ..."... For reasons known to the setlor, he/she specifically left no
$$ to whomever" which happens to be you. Then you are screwed, toasted.

Sorry Charlie...

 

[onefrostykat]

Mentioned in trust...

In the trust, he again mentions he is unmarried and has one living child (me by name). He "disinherits" me later on in the trust stating: "Notwithstanding anything contained in this Trust Agreement to the contrary, I intend to make no gift of any kind whatsoever to my son Thomas D. Frost and his descendants."

I would interpret this to mean I am toast...burned toast, right?

Tom

 

[Zigner]

In the trust, he again mentions he is unmarried and has one living child (me by name). He "disinherits" me later on in the trust stating: "Notwithstanding anything contained in this Trust Agreement to the contrary, I intend to make no gift of any kind whatsoever to my son Thomas D. Frost and his descendants."

I would interpret this to mean I am toast...burned toast, right?

Tom

Tom -

You have lost nothing. Nothing was ever yours in the first place.

 

[onefrostykat]

To Zigner...

Oh please...you watched too many episodes of Kung Fu back in the '80's , weedhopper. A real man cares for the children he brings into the world.

In your eyes that must not mean much.

 

[curb1]

onefrostycat,

Just wondering, where/to whom did he leave all of his assets? Why did he disinherit you?

 

[Zigner]

Oh please...you watched too many episodes of Kung Fu back in the '80's , weedhopper. A real man cares for the children he brings into the world.

In your eyes that must not mean much.

It ain't my eyes that matter...it's the law.

 

[TrustUser]

hi tom,

it is unfortunate that we have so many judgmental replies.

i think posters would do better by either responding as help, or say nothing at all.

in your case, you have no grounds. a parent does not have to give to his child. in this case, it is absolutely clear that his intentions were not to give anything to you.

i realize that you might like some answers to questions about why things turned out the way that they did, but it wont be anything legal to turn to.

perhaps at some point, you can get some honest feedback from someone who knows the story of your father and mother.

 

[onefrostykat]

Thank you TrustUser...

I appreciate your understanding and your taking the time to thoughtfully answer my question(s). I am most hurt by my being treated so poorly by the man throughout my life...then disrespected and slapped from the grave at the end. I always thought there would some form of apology.

I never did anything to deserve disinheritance...I just got born out of wedlock and my Grandmother made him do "the right thing"...that made him treat me the way he did all my life. I mean, what kind of a man deserts his child at age 2?

A failure I'd say.

My cousins got all his money, home and stock assets.

Hey, I'll get over it...but it hurts and is just plain wrong (maybe not legally, but that doesn't mean it is right morally/ethically).

One good thing came out of his failure as a father...I believe I have been an exceptional one...and I have set up a nice trust and will arrangement for my child.