A Will was written and the maker left everything to their boyfriend, do blood relatives have any rights of inheritance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
A Will was written and the maker left everything to their boyfriend, do blood relatives have any rights of inheritance?
The deceased had a niece and nephew but they received nothing. Do they have much of a case to protest the Will? It was written shortly before the maker died.
Asked on October 19, 2015 under Estate Planning, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A validly executed will is enforced as per its plain language and will overrule intestate succession, or the rules of who gets what when there is no will. The only grounds to contest the will are
1 Procedural if it was not properly signed, witnessed, etc. as per the laws of your state, it may not be valid.
2 Incapacity if the testator person making the will was not mentally compentent at the time of creating the will, which would require proof of mental incompetence.
3 Fraud the will that was signed is not the will the testator thought it was basically bait-and-switch shown will A, but then sneakily made to sign, etc. will B.
4 Undue influence the testator was pretty much helpless e.g. house-bound or bed-ridden and a caregiver who had tremendous power over her got her to leave significant assets to the caregiver--there are some other scenarios like this involving the testator's lawyer or accountant, etc., but they all involve someone with disproportionate power over the testator's life.
5 Duress forced such as by threats to leave the estate to someone.
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.