Q: Dose properly in a father's name go to his children?
He left a will giving everything to a care taker
The property is in his name only
A:
If assets are in an individual’s sole name and that individual leaves a valid Last Will and Testament, then the assets pass pursuant to that Last Will and Testament. The key here is “valid.” The Will must be offered for probate and proved to be the Last Will. The children (as the heirs at law) would have the right to challenge the validity of the Will if there is any basis to make that claim.
In general some reasons to challenge a Will include: (1) the decedent didn’t have the mental capacity to sign a Will, (2) the Will was obtained through fraud or deceit or (3) a third party “unduly influenced” the decedent to sign a Will that does not truly reflect their wishes.
This response is general information only. I do not have enough information to provide a specific answer to your situation. Further, this response is not intended to form an attorney client relationship. If you have questions about your legal rights, please consult with an attorney.
1 user found this answer helpful
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.
