Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

Our Mother left her house to her two adult children and not

her long-time partner to whom...
Our Mother left her house to her two adult children and not her long-time partner to whom she was not married. The partner has now passed and his adult daughter is insisting that despite the will, she should be included in an equal share in the sale of the property because she feels her father was wrongly shut out. We had been planning on offering the daughter a portion of the proceeds of the sale, but not 1/3. If we do this, would we be opening ourselves up to a legal claim by her to get a 'fair share'?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
10/23/2017
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,810
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Estate Law Question

Good morning. First, it's important to realize the daughter has no legal right to any share. Not being married and not being on the title, your mother's partner had no legal entitlement to any portion of the house and thus neither does the partner's daughter. So, she would not prevail in any legal pursuit. If you want to offer her something willingly, you can, but if you do so you would only want to do so if she is willing to sign a Settlement and Release Agreement agreeing and acknowleding the foregoing and that she is accepting this interest as a gift and agrees not to pursue any further legal claim to the property; not that she would have any chance of prevailing, but because defending lawsuits can be time and emotionally consuming and you certainly don't want to have given her a share to which she had no legal claim and then end up having to defend a frivolous law suit.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,810
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified
Richard and 87 other Estate Law Specialists are ready to help you
Ask your own question now

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Ask Your Own Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55,810
55,810 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Need a sample on how to answer a application to determine
need a sample on how to answer a application to determine heirship, where my son name was left off an application that was filed by other children living in another state. My son needs to answer to ha… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
My father passed away at the age of 53 in 2003 and he's was
My father passed away at the age of 53 in 2003 and he's was disabled and received social security disability. My mother is currently still living in their home. This month she received a letter from t… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers
I am selling a home. The probate for my moms estate closed
I am selling a home. The probate for my moms estate closed over two years ago … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Thank you for all your help. We were able to get my father's
Thank you for all your help. We were able to get my father's ashes. Do you think we can take my aunt to court for cremating my father without notifying his spouse and lying to the funeral director abo… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,937 satisfied customers
The trustee of an irrevocable trust died. there is no new
The trustee of an irrevocable trust died. there is no new trustee. how do we get our benefits?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I have medical legal papers for when my time comes, as well
I have medical legal papers for when my time comes, as well as a will for my estate. Can I change the name of helper and beneficiary with changing the name on the original papers> I realize there m… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
Your Question...me replace stolen assets from Estate by
Your Question...me replace stolen assets from Estate by siblings. I the true, Legal Successor Trustee to Estate, Executor of Will. Researching ways to report criminal crimes. Thank you..… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
I have a Father that i am concerned may need to go into a
I have a Father that i am concerned may need to go into a nursing home in the future. I am considering selling his house( 120,000 owned free and clear)- he has 17,000 in a joint account with myself . … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
Because my parents are getting older and wish to stay in
Because my parents are getting older and wish to stay in their home, I would like to be there for them. I feel the best way to do that would be for me to purchase and live out of a trailer which I wou… read more
Edward Young
Edward Young
Juris Doctor
53 satisfied customers
How do I speak with a Probate Attorney for Bexar County, TX?
How do I speak with a Probate Attorney for Bexar County, TX? … read more
Expert James
Expert James
Doctoral Degree
11,542 satisfied customers
My brother passed away about 4 1/2 years ago. Is there a
My brother passed away about 4 1/2 years ago. Is there a statute of limitations for the insurance companies to collect on his bill? He was single and there were no other people that co-sign as guarant… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Owner of revocable living trust dies. One sibling becomes
Owner of revocable living trust dies. One sibling becomes trustee/beneficiary, other sibling estranged at time of inception in 2004 and excluded. However comes back into the picture 2011 trust was not… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,224 satisfied customers
A primary beneficiary of an insurance policy cannot be
A primary beneficiary of an insurance policy cannot be located. The secondary beneficiary is known and would like to receive the proceeds from that policy. What is the form notification required in NV… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How do I get access to my deceased relative's checking
How do I get access to my deceased relative's checking account if my name isn't on the account?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,015 satisfied customers
My sons are beneficiaries of their Grandfathers Will but his
My sons are beneficiaries of their Grandfathers Will but his step daughter wrote that would get nothing the legL firm representing her said their was 10000 left in accounts and a couple of time shares… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm a pro per litigant. I'm preparing a req. for documents.
I'm a pro per litigant. I'm preparing a req. for documents. How do I handle the standard request to produce the documents at the attorneys office? Can I remove it and only use the section that states … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I have a trust and/or probate question. If a grantor places
I have a trust and/or probate question. If a grantor places all his real property in trust except for one, does the property left ouit of the trust have to be probated upon the grantor's deat? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x