Disinheriting a son-in-law--mostly theoretical, BUT....?

Question

Susan & John are married, with no children.  Susan is an only child; her mom, Beth, is a widow.  Beth & her daughter get along pretty well & Susan will inherit, but Beth is not on the greatest terms with son-in-law John.

If daughter Susan would die (heaven forbid!), and mom Beth revised her will to leave the estate to charity, WOULD son-in-law John be likely to have much of a case for overturning the will and inheriting?  (Could he argue that he's GOT any sort of family interest left?)  

No, I'm not a law student trying to avoid some homework.  No, this hasn't actually happened, but could see a possibility of a huge dust-up....Yes, I'm being nosy, but at a LONG, LONG distance.

Am fully aware that precedents and circumstances will vary & advice here on Y/A! is NOT a substitute for competent local counsel; your mileage and jurisdictions may vary and blahblahblah.   

Any legal eagles want to play?

raichasays · Accepted Answer

If after Susan dies, Beth changes her will, the only way John gets a piece is by challenging Beth's mental capacity at the time she made the second will.  If the second will is invalid, then he argues the first will applies.

Then...

The first will must state that if Susan dies before Beth, that John inherits in some way.  Either John is specifically in line in the first will or the will leaves Susan's share to her "heirs", which would include her widowed husband.

But if the first will directs that the money goes some other way if Susan dies first, then John gets nothing out of that either.

Even if he attacks the first will as invalid, and/or the court finds there is no valid will at all, he will then be stuck with the state's "intestate" statutes for people who die without wills.  John would not be on this list.  Beth's parents, if alive, would inherit, then her sisters, brothers, and other blood relatives.  But usually, a state's statute would not reach John.

gcbtrading · Answer

Do you mean....Can the will be written such that the estate goes to her living child, but in the event of the child predeceasing the mother, the estate goes to charity?
Yes, of course it can. The son in law would have no claim against the estate.

Valerie · Answer

No - unless there was a previous version of the will that named him as an heir in which case he can contest validity of new will.  (He can always contest even if this wasn't the case but wouldn't have standing.)

Anonymous · Answer

if the will is set up to go to charity then it will go to charity 

if you are required to give him something leave him a dollar thats all 

make sure they write i disenherit this person in the will

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Disinheriting a son-in-law--mostly theoretical, BUT....?

4 Answers