Legal Question in Wills and Trusts in Missouri

Dad dies has a live in girlfriend what about his daughter

My dad has terminal cancer. I am his only child (I'm 19) & he has a live in girlfriend. What rights do I have, what rights does she have. Can I contest a will?


Asked on 11/29/06, 4:52 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Dad dies has a live in girlfriend what about his daughter

First of all, I am sorry to hear the tragic news about your father. I hope that you can help to make his remaining time on earth as pleasant as possible. If you are an only child, then you are the only heir at law. That means that you would stand to inherit whatever he owns in his own name at the time of his death, unless he has provided otherwise. Are you able to talk with him about his estate plan? Does he have a Will? Does he have his property titled in ways that will avoid Probate court? If he has chosen to name his girlfriend in the will, then in all liklihood the court will follow his wishes. Of course there are several ways to contest a Will. If your father was not competent mentally to make a Will at the time, and you can prove it, then the Will might be set aside. Or, if your father made his Will while under the undue influence of someone, or under duress or coercion, then the Will might be set aside. These are very difficult cases to prove, and can be expensive and time consuming. I sincerely hope that you do not find yourself in a position where you feel the need to contest the Will if there is one. I do wish you all the best in these very trying times.

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Answered on 11/29/06, 11:39 pm


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