Not married but living together,if they die do you get what the will says even if they change the will.?

Question

I was living with a woman for 4yrs (still keeping my apartment for us to use incase family came to town. She made out the will for me to get everything. She came down with cancer and passed away. But 3 days before she died she changed the will ( while on massive painkillers). Does this leave me without anything? Who can help me I gave my soul to this lady and tried my best to do everything she asked. I feel like I did what she wanted and someone must have convinced her to change the will. Help Please!!!

Answer 1

If her final will was properly documented, notarized or witnesses by people or signed by people, attesting to her sanity and cognition at the time, (i.e., it is regarded as her final statement, her LEGAL final statement) then that will is in force. At the time of her final will, were you excluded????

Courts are really sticky about wills, and what is legal. If she signed something new, then that will is in force. If she had an old will, naming you, and signed a new one excluding you, then the most recent one is in force.

If this is a huge amount of money, and worth alegal battle since attorneys charge by the second, you may be able to have physicians testify that she was under medications, or was not really aware of what was going on. In that case, her latest will could be set aside, and the old one in force. Usually these things never get into court.... judges hate deciding things, so they are negotiated and settled out of court. Write me if you need to know more.... I'm not going to go on if you already have it figured out

What all of these people have said is true, only in part. Later wills can be set aside, and successfully challenged, and the competency of those that witnessed the signing can also be successfully challenged.

Answer 2

I'm so sorry about your losses and your concern for your future.It is very normal to be concerned about the time you have invested in a life with someone who was going to compensate you after death. I am sure you feel betrayed and by whom is the question. You need to have a lawyer talk to the estate attorney and find out what happened. All must attest that she was not under the inflence including a Dr. if challenged.If she did it to be mean you still may challenge the estate. I don't know your outcome butwhat ever it is you will be ok.

Answer 3

You need the help of an attorney for this one. In most states, the final will is generally air-tight, and you would need to prove she was not of sound mind when she wrote it out. Just because she was on painkillers does not constitute this. You need an attorney but don't hold your breath on getting anything. And, the person directly above my posting here is indeed the one out of their head! Ditto for a couple of others. You are getting answers from TEENAGERS for the most part. Wake up and get to an attorney.

Answer 4

i can see you are a very honest person.
you may have a case if you can prove that she was non compos mentis ie not of sound mind, when she changed the will.
if you cannot establish this or you do not have the legal means to contest the will,the final will will stand.
p. s you could try and get a lawyer to act for you on a contingency basis ,ie no fee unless he wins the case.
if there is a substantial sum of money involved it may be worthwhile.no children?

Answer 5

It really depends on the State in which you reside. Each state has rules and regulations that govern wills. I'd check out the regulations in my State, then determine if it's worth pursuing, check with an attorney that specializes in such matters.

My condolences on your loss.

Answer 6

U get nothing unless u r able to prove that the last will was made at a time when she cud not distinguish between bad and good.

Answer 7

so if you loved this woman honor her last request. That is what she wanted let it go.

Go build a new life for yourself Ill bet that is something she wanted you to do and not to be burdened with taking care of estate
Just enjoy the memorys

Answer 8

If you were after her money, it will be tough. But Didn't everything in the place belong to you anyway? Get it? Or is there a list of what she owned? Do you see?

Answer 9

Get a lawyer. Depending on where you live, living together gets you the exact same rights as being married.

Answer 10

you can contest it in court. but i would recommend trying to keep the peace with the family and find out how this changed so fast. tell them how hurt and confused you are.