My father passed over 20 yrs ago was willed 1/3 of his aunts estate. The will stated in case of his passing his % should go to his heirs. At which point both mine and my half sister (same father) names were written. Post writing of the will my half sister was adopted by her mother's next husband and legally changed her name to reflect this. Fast forward 10 yrs later no contact with any of my family she has reappeared with her hand out. Her half would come to approximately 250,000 plus additional acreage of the family farm. Her birth name was stated in the will, and I believe had this occurred before the writing of the will my great aunt's feelings would have been different.
The courts cannot rule based on someone's guess of what the testator's feelings might or would have been under different circumstances. The court must be guided by the Will.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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