Q: My moms boyfriend passed away with a will his daughters got everything. In the time before he passed......
We became very Close and he confided in me that he was going to give my mother one of three properties that he owned. He never entered it into his will. Can I contest a will or what can I do.
A:
First of all, your mother would be the one to contest the situation if there are legal grounds. Verbal promises made to your mother are generally not legally enforceable as the will is usually what prevails. However, your mother may have a claim depending upon what if any she contributed from her money or earnings towards any of the properties. I would advise her to consult with a lawyer to review the entire situation. Actually a starting point may be to consult a divorce lawyer who could advise her if anything which she contributed and/or if the overall situation created some rights in the properties for her.
She needs to be cautioned that the is a one year time limit to file a lawsuit against the boyfriend's estate for any claim which she has. If she waits beyond the one year then probably any claim she might have will have legally expired.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
