my husband rewrote his will after we were married 4 1/2 years ago. it states that all assets are to be transferred to me upon his death; however, he has an adult son with a criminal record from a previous marriage. if he were to contest the will (which states that he is excluded from all inheritance) would there be a long-drawn out legal situation? is there anything we should do to protect against this type of problem?
2007-05-20 11:09:01 · 2 answers · asked by diamond heart 4 in Politics & Government ➔ Law & Ethics
A written will is the PREFERRED form nearly everywhere. Many states do require the will specifically state the intent to disinherit sons or daughters if they are not to receive anything. That ensures they were not simply forgotten. You should consult an attorney to make sure the will meets the requirements of the state where you live. Nothing can prevent anyone from contesting the will, but steps can be taken to ensure the results of such a contest.
2007-05-20 11:58:15 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
You have to get a laywer. You must specifically write in the will the son has no claim of any assets. If you want extra protection your husband needs to be video taped signing with only himself and the lawyer present. No family members because later on it can be argued you or someone else was pressuring him. My dad had to do the same thing. My sister is the same way. He is divorced and wants everything left to me.
2007-05-20 18:13:36 · answer #2 · answered by Lily 7 · 0⤊ 0⤋