What to do if my father has died recently and left his estate to his live-in girlfriend?

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What to do if my father has died recently and left his estate to his live-in girlfriend?

He lived in a state in which there is no common law marriage. Do I have any rights? Would it be worth hiring a lawyer to contest it?

Asked on July 14, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  I am assuming that he died with a Will.  You should definitely speak with an attorney about the WIll ad t eh laws in the state in which he resided at the time of his death.  In most states you can disinherit a child but there are rules regarding same.  And if he was frail or not "of sound mind" then there could have been undue influence on the part of the girlfriend to cut you out.  There are time constraints to Will contests so move quickly.  Good luck.


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