Can a live-in boyfriend of 5 years contest a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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 12 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.
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.