Will my family be able to contest my will?

[metsfanli]

I live in NYState. I want to make out my will and leave my estate to my partner. I dont think they would contest it, but my partner says they will and can just because we are gay. How can I prevent my family from contesting the will? What are the reasons they can contest it?
Thanks!What is the name of your state (only U.S. law)?

 

[las365]

You cannot control what other people do. What you can do is make sure that your Will is valid and enforceable. Don't just write it yourself or use a DIY template. Go to a lawyer who has experience drafting wills and explain your situation and get a Will drafted that he or she believes will withstand a contest by your family.

You might try finding a lawyer through the LAMBDA website or other legal sites that cater to the gay community, so you can find someone who has knowledge of how you can best protect the person(s) to whom you wish to leave your Estate.

 

[TrustUser]

why not place your assets in trust, with your partner as the successor trustee ?

 

[Texas Pooh]

metsfanlim

please consult with a lawyer experienced in these issues in your state. In addition to estate planning, you and your partner are going to need to discuss powers of attorney, health care directives and HIPPA releases. All will be needed to allow you (or your partner) to act with the legal authority normally granted to spouses automatically in the case one of you is disabled or injured.

Good luck.