How can a will be contested by a lw's or a gp's family after she or he had just expressly notified in writing

Question

... ...that she or he wants to leave all her or his property, money, and assets to his or her partner or spouse after the lw or gp dies? How can the family of the lw or gp win the right to gain all of the the lw's or gp's belongings? What is said during trials to persuade the judge to hand everything over the family?

lw = lesbianwoman
gp= gayperson

Answer 1

I do not have the specific legal information to answer this question but there are several legal links online:


To get what you want, write it into your Will. Aside from distributing your estate, your Will should specify what funeral arrangements you want — in any degree of detail. It should also name a personal representative (perhaps your partner) to carry out your wishes.

Another document that will help your partner in the event of your death is a Relationship (or Partnership) Agreement, identifying the possessions in your household that belong to each of you. This will help assure that her or his property is not improperly involved in the settlement of your estate.

Rather than relying solely on a Will to communicate your funeral instructions, you may prefer to choose a funeral home and select — even pre-pay — your desired arrangements in advance. Prepayment plans often entail price protection and installment plans. If you make plans with a funeral home, just make sure your partner and relatives know that you have done so. Also, describe the arrangement in your Will.

http://www.gaylesbianretiring.org/legal.htm

http://www.rainbowlaw.com/

For legal documents: http://www.rainbowlaw.com/legal_documents.htm

http://www.legalaid.wa.gov.au/InfoAboutLaw/aspx/default.aspx?Page=Family/GayLesbian.xml

http://www.nolo.com/resource.cfm/catID/F896EE61-B80C-4FE1-B1687AC0F07903BA/118/304/

http://www.nolo.com/product.cfm/ObjectID/65E7D52B-E9E5-435F-A51F24A3045B2369/118/






http://www.buddybuddy.com/partners.html

Answer 2

Because in many places the laws of the state or country supersede the desires of the individual. It there is ever an argument for legal marriage for GLBT this is one. Next of kin is whatever the law decides is next of kin in alot of places.

There are many good GLBT lawyers in our community, everyone should have a legal will drawn up by a professional so that it will stand up in court as well as a living will spelling out EXACTLY what is to be done with our estate and body in the event of incapacitation or death.

The law recognizes the law, do it properly if you want to protect yourself.

Answer 3

I've heard of one case where there was supposed to be two signatures, but there was only one. Stupid paperwork goof-ups. Try to say the individual wasn't of sound mind when they signed. And, biased judges. What I want to know is not how they can do it legally, but how they can actually do that and live with themselves.