my husband & his brother were left as beneficiaries in thier deceased uncle's will. Their uncles "at the time" girlfriend (she says fiancee) was not left or mentioned in the will. She is now wanting to contest the will. Can she does this, does she have legal right to do this, and does she have ANY legal rights to the will or estate????
2007-09-08 10:07:41 · 7 answers · asked by Kim 1 in Politics & Government ➔ Law & Ethics
he had not been dating her over a year. So, i dont think that the "common law" rule will apply. Will it?
2007-09-08 10:30:36 · update #1
also, if anyone knows the "rules" in North carolina regarding this matter, that would help too!!
2007-09-08 10:32:15 · update #2
North Carolina does not recognize common law marriages. For all intents and purposes, uncle's girl friend was just living with him and has no claims.
If she were legally married, she would have rights. Since she was neither legally married nor mentioned in the will, she has no rights at all.
2007-09-08 13:16:05 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
She can try to contest the will but by law girlfriends have no rights to inherit because the law allows for family members. If he had died without a will then the state would determine who rightfully inherits his property. First is spouse, children, brothers and sisters, then nieces and nephews etc. She has no legal rights unless she lives in a state that recognizes common law marriage and she meets the requirements.
2007-09-08 10:19:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, she can do this. If she was living with him, and, if your state has a 'common law' marriage policy, she may end up with a sizable portion of the estate. If your uncle has updated his will since they have been living together, her chances of a victory in court go down. However, if your uncle made his will before she moved in with him, her chances are good.
2007-09-08 10:17:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
sounds like just talk on her part, in general she has no right to any part of the estate, now their is always exceptions to this but it will her burden to retain a lawyer which is not cheap, if you never hear from a lawyer then it was just talk
2007-09-08 10:35:06 · answer #4 · answered by goz1111 7 · 0⤊ 0⤋
You can ALWAYS contest a will.
Does she, legally speaking, have much chance of success. No.
That said though, I wouldn't put it past a lawyer to find a loophole.
2007-09-08 10:15:06 · answer #5 · answered by Phoenix Quill 7 · 0⤊ 1⤋
Usually the will or trust will "award" $1.00 to anyone contesting a settlement. So read the will closely. I think she is out of luck.
2007-09-08 10:16:32 · answer #6 · answered by Buzzy 6 · 0⤊ 1⤋
DEPENDANT UPON STATE AND LAW CONCERNING CO HABITATION-IN ALABAMA IF YOU LIVE WITH A WOMAN AND NOT MARRIED SHE HAS RIGHTS-IN ILLINOIS THEY DO NO SO CHECK STATE STATUTES UNDER MARRIAGES AND SEE WHAT STATE LAW DICTATES
2007-09-08 10:27:50 · answer #7 · answered by ahsoasho2u2 7 · 0⤊ 0⤋