Can a live-in boyfriend of 5 years contest a Will?

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Can a live-in boyfriend of 5 years contest a Will?

My mother passed away last month. Her Will states all assets, etc. are equally distributed to her 4 daughters. Her boyfriend wants to keep the house (still has a mortgage solely in her name) and 1 vehicle (still owe money and solely in her name). He is listed as an authorized driver on thevehicle, however, she made all payments and used it regularly as well. They lived apart for the last months of her life. Now that she’s passed and the Will is going to probate, he says he will contest it with the sole purpose of dragging things out. He is listed nowhere in Will. Does he have rights!

Asked on March 28, 2012 under Estate Planning, Florida

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

He has no rights.  If he files a meritless action against the estate he can be charged for court costs and attorney fees.  Go about the business of the estate administration and retain an estates attorney to assist you.  Do not worry about this guy; he has no rights to anything.

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  If your Mother was not married to this guy and the property that she owned was owned by her alone then no, he has no rights to any of the assets of her estate.  So if he seeks to coontests the Will - and I doubt any attorney will take his case - then see if you can ask for sanctions for a frivilous claim.  Good luck.


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