Inheritance, will

Asked over 1 year ago - Chicago, IL

I have a question about will and people right to probate it, my husband has written a will next to an attorney and has said in his will that I will inherit the house, but retirement and life insurance will be inherited by me and his adopted son. If one day my husband dies, can his adopted son , claim for the house also?

Attorney answers (3)

  1. Joseph Michael Pankowski Jr

    Contributor Level 18

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    Answered . If the house is in your husband's sole name, his Will is properly executed and the Will leaves you the house, then you will receive it after he passes away. Your husband's adopted son could contest the Will in probate. However, to set the Will aside, he will have to prove that your husband lacked testamentary capacity or was under undue influence. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  2. Matthew Erik Johnson

    Contributor Level 17

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    Answered . No; he can only obtain a portion of the house (possibly) if he has the Will thrown out and instead everything passes by intestate succession. In that case, you would get upwards of 2/3 of all the property, he may get the rest (depending on the intestate succession laws in your state).

    Just make sure all the formalities are in place. Make sure that your husband did not actually write the will. Holographic wills are problematic. And KEEP THE ORIGINAL SAFE. Know where it is at ALL times. Preferably not in a safety deposit box - however. A fireproof safe would be best.

    Lastly, don't write on the Will after its created. If your husband changes his mind, pay to have a new will created. Any mark or tear in the original document could be grounds for a challenge later on.

    With all that, as long as you probate the will after his passing, there should be little argument as to whom gets what.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  3. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . In one of your comments you noted (but not previously) that you "both" own the house. I take this to mean that you own as "joint tenants with right of survivorship" or "tenants by the entireties." If this is the case (and you need to check) then the will does not control the house at his death, the deed does, and the deed gives the house entirely to you. You may want to take whatever documentation you do have to your own attorney for review.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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