Can my life partner’s son contest my partner’s Will, if it leaves all his worldly goods and property to me?

Not married on paper. Together 12 + years, both contribute to construction of home and property improvements. His son has little to nothing to do with his father (because of me) but now claims he will do everything he can to get this property when his Dad passes for sentimental reasons. My spouse has already filed a Will that leaves everything to me but now feels he has to transfer by quit claim deed to me in order to prevent the son from taking the property from me.

Asked on August 2, 2012 under Estate Planning, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please seek legal help.  Generally speaking, children do not have an absolute right to inherit from their parents.  But many states require that the Will be specific in disinheriting the child or children by naming them and stating that you are leaving them nothing.  That is becuase one of the most basic challenges to a Will is that the testator was not of sound mind to make one in that they did not know "the object of their bounty" - the kids.  You might want to make sure that there is no estate to probate at all.  That means that you would file POD (payable on death) forms for all bank accounts and TOD (transfer on death) forms for all stocks and securities.  Or list you s joint owner on the accounts.  Next, you can make sure that the property passes to you by giving you "rights of survivorship" upon the death of your partner.  This also avoids taxation, etc. Good luck.

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