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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

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

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption