Legal Question in Wills and Trusts in New Jersey
My boyfriend & I live in NJ and share the same residence. We have been together for 10 years and I live with him in the house he owns. He has had a will drawn up by an attorney and has made me the sole beneficiary and the executor of his will. My question is if his will is contested by his surviving family members is there a possibility that his family could be awarded his assets instead of me? I want to be sure that I won't end up homeless if his family contests the will. Thanks for your help :)
2 Answers from Attorneys
Assuming the family members have standing to bring a will contest, then it is always POSSIBLE that they could sue to overturn the will. However, that does not mean that they would be successful.
The burden of proof would be on them to undo the will [e.g. undue influence claim, lack of capacity, fraud, mistake, etc.]...Without a valid claim, their case would be difficult to win.
First, your question refers to the word "possible." Of course it is possible for your boyfriend's will to be challenged by other potential heirs. Instead of just relying on the will, you should meet with an attorney to discuss preparing a written contract between you and your boyfriend. This contract could spell out the financial relations between both of you. If you have children, it could also determine custody and child support issues.
There is no reason for you not to have a written contract so these issues are clear. This way, you will not be concerned about not having a place to live, and you and your boyfriend can be protected concerning his assets.
I hope this helps!
Ron Cappuccio
856-665-2121
www.SaveYourEstate.com
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