Are transfer on death affidavits contestable?

UPDATED: Apr 15, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 15, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are transfer on death affidavits contestable?

I want to ensure that my long time girlfriend who has been there and is currently taking care of me receives my home (her home too) upon my death should she survive me. I want to know she will be fine if my son chooses to can contest it. I don’t want her left without a home.

Asked on April 15, 2015 under Estate Planning, Ohio


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 7 years ago | Contributor

Unfortunately, there is no way to completely prevent a will contest after you are gone.  But it does not mean that he will have grounds to contest or will win if he does decide to contest it.  All you can do try your best to inform your son and other family members, if any, what your intentions are so that if there is a conflict later with your son, you have others who can testify that it was your wish for her to have the house.  I would suggest that you execute a trust and place the home in a trust so that whoever you would like to inherit the home after your girlfiend passes can do so more easily.  It may prevent any issues if your son knows he will receive it after her death.  If the home transfers to your girlfriend on your death, she can leave it to whoever she wants on her death.  

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 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