Tuesday, August 24, 2010

If your boyfriend dies and you are not married, but part owner of everything, does that supercede the will?

My mom's stepdad died and his girlfiend is claiming because her name is on all the accounts and assets, that it supercedes the will and my mom and aunt are not entitled to anything. Can you please clarify for me?If your boyfriend dies and you are not married, but part owner of everything, does that supercede the will?
if her name is on all the accounts and the will and everything else then yes it is her right to claim what she has the rights to claimIf your boyfriend dies and you are not married, but part owner of everything, does that supercede the will?
A spouse (who may or may not need to be legally married. Years of being together may suffice) has certain rights which supercede a will. So all his assets may belong to the wife.





However, even if there is no such rule in your state, or even if she does not qualify, if her name is on the accounts, deeds, etc, she already owns half of them. His will cannot transfer her assets in any way.





So best case scenario in this is the the will allows him to leave his children half of his assets, with the other half belonging to his girlfriend. Worst case is that she (the girlfriend) is entitled to all his assets.





Your mother needs a lawyer to straighten it out. First step should be speaking with the executor of the will.
OWNERSHIP doesn't supersede the will. It make the will irrelevant. Anything SHE owns is NOT part of HIS estate. The will applies ONLY to his estate.


That said, depending on the FORM of joint ownership, the assets may be owned partly by her, and partly by the estate.


this is DEFINITELY a case requiring an estate attorney.
It depends on how the ownership is set up.


The girlfriend may own the assets herself or she may now be partners with your mother.





The will can not supersede the ownership of a bank account.





Gee.


That sounds like fun.





And why would your aunt have anything to do with it?
If her name is on the accounts, I'm afraid she's right. If your mom and aunt are lucky, they MIGHT be able to convince a judge to give them a portion of HALF the assets. But it is a long shot. Her name is on it. It's her stuff.
IF her name is really on the deeds of ownership, a will can't take it away from her.
You need a lawyer.

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