Are transfer on death affidavits contestable?

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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

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 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.  


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