n a settlement, instead of getting nothing, and having to pay his or her own legal bills, the cut-out heir would get something, deplending on the size of the estate. If the estate were not huge the cut-out heir might take the lesser of $10,000 or 10% of the net estate. While that's 40% less than the 50% of the net estate (less the legal fees) one he or she would get if the contest were successful (less his or her own legal bills) if there were only 2 heirs at law (such as if only 2 kids and no spouse or surviving children of a deceased sibling), it is far better than a stick in the eye if the Will were NOT thrown out.
Apart from what the Will says, in many families a parent can vacilate between kids, changing the Will repeatedly with one favored, then another, etc. It thus becomes a matter of change who was "in" and who was "out" at the time of death. In such cases, even if lack of mental competence cannot be proven, the "moral" settlement may be something far closer to a 50-50 split, or even 50-50, regardless of what the Will says.
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