Can a Partner Claim Inheritance Rights Without Being in the Will?

Question from Tina, Can a Partner Claim Inheritance Rights Without Being in the Will?

Answer from AI:

When a loved one passes away and leaves behind a will, the distribution of their assets is generally expected to follow the instructions laid out in that document. However, disputes can arise, particularly when someone who is not named in the will believes they have a right to part of the estate. In your case, you are set to inherit a home from your mother, but her boyfriend, who lived with her and took care of her, claims he is entitled to a portion of the proceeds if you sell it.

Understanding Inheritance Rights and Wills

In the United States, wills are the primary documents used to express a person’s wishes regarding the distribution of their assets after death. If your mother has a valid will that names you as the beneficiary of her home, the will typically dictates the distribution of that asset.

Common Law Marriage and Palimony Claims

• Common Law Marriage: Some states recognize common law marriage, which can grant a partner inheritance rights similar to those of a spouse. However, common law marriage requires certain conditions to be met, such as living together for a specific period and holding themselves out as a married couple.
• Palimony: In some cases, a partner who has lived with the deceased but was not married might seek a share of the estate through a palimony claim. This is a type of legal claim for financial support similar to alimony, which may be considered if the partner can prove that there was an agreement (either written or implied) that they would be provided for financially.

Challenging the Will

The boyfriend may attempt to challenge the will on various grounds, such as:

• Lack of testamentary capacity: Claiming that your mother was not of sound mind when she made the will.
• Undue influence: Arguing that your mother was pressured into making the will.
• Fraud: Asserting that the will is fraudulent.

However, successfully challenging a will is difficult and requires substantial evidence.

What You Should Do

1. Review the will: Ensure that the will is valid and that you are clearly named as the beneficiary of the home.
2. Consult with an attorney: A probate or estate attorney can provide guidance on your rights and the steps to take to protect your inheritance.
3. Gather evidence: If the boyfriend claims he has a right to a share of the proceeds, collect any evidence that supports your mother’s intentions as expressed in her will.
4. Consider mediation: If you wish to avoid a lengthy legal battle, you might consider mediation to reach an agreement outside of court.

Legal Advice and Resources

It is important to note that inheritance laws can vary significantly from state to state, and the specifics of your situation will greatly influence the legal outcome. For personalized advice, it is crucial to consult with a legal professional who is knowledgeable about estate law in your state. They can help you understand your rights and the potential claims of the boyfriend.

For more information on wills and inheritance, you can visit the USA.gov Wills and Estates page.

Remember, while general guidelines can be helpful, only a qualified attorney can provide legal advice tailored to your specific circumstances.