I have one living relative who is my brother but I want to leave all my assets to my girlfriend, is this legal?

My one and only living relative is my brother. I don’t want him to have anything of mine after I pass away. My Will states that everything I own goes to my girlfriend. We both are equal owner of the house that we bought together. Can he contest the Will and win? Can my brother make her sell the home and split the proceeds with him?

Asked on July 9, 2017 under Estate Planning, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Any Will can be contested but not necessarily successfully. So long as your Will meets all requirements of the state in which it was executed, it is valid. Further, there is no law which states that a person cannot disinherit their family members. To be certain, you may want to have a local attorney review your Will.


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