Does a grandparent have the right to challenge a will or trust that doesn’t provide for the grandchild?
In Florida, a grandparent may challenge a will or trust that does not provide for a grandchild in certain circumstances. Generally speaking, the grandparent must prove that the parent intentionally disinherited the grandchild or that the grandparent was promised by the parent or the testator that the grandchild would receive an inheritance. The grandparent would need to show that they are being discriminated against because of their relationship to their grandchild and that the natural parent and the testator discriminated against them by intentionally not including the grandchild in the will or trust. The grandparent must also demonstrate that the parent’s omission of the grandchild is not in the best interests of the grandchild. The grandparent must also provide evidence that the grandparent has a financial and emotional relationship with the grandchild. The court may modify the will or trust in order to provide a fair inheritance for the grandchild if the court finds that the grandparent has met all of these requirements. If the grandparent has not been able to prove that they have been discriminated against, the testator’s will or trust may remain as written. Grandparents in Florida have the right to challenge a will or trust that does not provide for a grandchild, but only if they are able to provide evidence that they have a financial and emotional relationship with their grandchild and that they have been discriminated against.
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