Can my mom's boyfriend take away my inheritance?

1 answer | Last updated: Oct 06, 2016
Royer64 asked...

Can my mom's boyfriend take away my small inheritance of the house through a will? My mother passed away last year. She did not have a will. Her boyfriend is on the deed which means he gets half the house and my brother, sister, and me get 1/6 of the house. My brother and my sister signed over their portion(don't know why), I didn't. I was told by my brother that when my mother's boyfriend passes away that I will lose my 1/6 of the house because I'm not listed in the will. Can this happen?

Expert Answers

I do not have sufficient information to give a definite answer to your inheritance problem, whether you may lose your 1/6th interest in the house when the "boy friend" dies. You state that your mother did not have a will, and that the boy friend was on the deed to the house, which meant he got half the house. I assume this means he was listed as 50% owner, or half-owner, of the property. The other half was divided in equal shares between you and your to siblings, so you each owned 1/6th of the house I gather this was done under the intestate law (intestate means dying without a will) of your mother's state.

If this is what happened, then the boyfriend has no legal ownership or right to your 1/6th of the house. I gather the will you refer to is the boyfriend's will. The boy friend can leave property he owns, and only property he owns, by his will. As he doesn't own your 1/6th of the house, he can't leave your interest by his will.

I suspect that there may be aspects of this matter that I don't understand. Have you asked your brother why he thinks that the boy friend's will can dispose of your interest in the house? If you have not asked, I suggest that you do. I suggest that you try to learn what reasoning, if any, could be behind the assertion that you could lose your interest in the house.