Estate Planning: Unmarried Partner Inherits $1 Million Home, Faces Challenge from Late Partner's Children

An unmarried woman whose partner of 17 years left her his $1 million home faces a challenge from his three adult children, who allege she influenced his estate planning and have asked her to sell the property and split the proceeds four ways. The partner, who died six months ago at 76, revised his will about three years ago, directing the mortgage-free house to her and $600,000 in retirement accounts and cash to his children. He had mild cognitive impairment but no dementia diagnosis, and his attorney met him alone. The dispute centers on testamentary capacity and undue influence. The children cite a conversation about estate planning and the fact that she drove him to the lawyer's office; she says she made the appointment at his request. Legal precedent, including the 1870 English case Banks v. Goodfellow, holds that cognitive impairment does not by itself negate testamentary capacity, and the burden of proof would rest with the children. Because the couple never married, the will is her primary legal protection; marriage or a life estate could have offered stronger safeguards. Estate attorneys advise gathering signed statements from the lawyer, doctor and witnesses, along with medical records and any video of the signing.