No will, Property owned with girlfriend -2 warranty deeds, 1 states she is joint tenant with right of survivorship. on second deed dated 6 days later it wasn't stated who or what. The 2nd deed is by corporate title agency. I hired an attorney but i need advice.I asked her about personal property and she stated she was going to have auction this summer. Who has right to tractors and semis and all of his belongings. What is considered His Stuff??? We didnt agree on cremation or burial and i had finally say so i buried my father, because she didnt want this she refuses to pay for the funeral. There are alot of hard feelings and her actions speak louder than words.
2006-10-31 06:41:35 · 3 answers · asked by April C 1 in Politics & Government ➔ Law & Ethics
If she is not married to him, she can only get what the will gives her. ( except for the house if she has joint tenantcy with survivorship.
But as for as cars ( not in her name also) they are part of the estate and with out a will, she will get none of it.
2006-10-31 07:11:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You didn't indicate what state you were in, or in which state your father lived. Some states have what is termed Common-Law marriage. This mean that if he and the girlfriend held themselves out to be married and were living as man and wife, (there are also other important requirements) then they *may* be considered legally married.
This is a classic example of the mess that is caused when a person dies without a will. Without a will, the laws of intestacy in your state will determine who gets what. If he died while unmarried, generally any surviving children will divide his estate. This includes any real property. As far as the deed is concerned, that may require a court battle to determine the surviving girlfriend's interest in the land. Certainally, if she was helping with mortgage payments, then she may have some equity interest in the real property.
The remainder of the bills are the responsibility of the estate. This means that all of the personal property that isn't kept as a "keepsake" item can and probably will be auctioned by the probate court, and then bills, including the cost of funeral and last illness, will be paid from that. The remainder will be divided per the intestacy laws.
Your attorney can properly advise you on the intestacy laws in your state.
2006-10-31 09:50:03 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Well the property that is owned with his girlfriend will go to her no matter what. Even if he had a will. Why because? A Joint Tenancy with Rights of Survivorship: is when parties buy a property and once one dies their share gets divided equally amongst the remaining parties. In your dad's case, his share of the property will go to her no matter what. However the rest of his property goes to his blood of kin. Meaning YOU. His property will go to whoever is related to him by blood. Unless they have been living together for 5 years, they would be considered married through common law. Meaning all his property has now become his. You need a lawyer who does law in Trust & Estates. Look it up on Lexis Nexis's websit.
2006-10-31 14:48:49 · answer #3 · answered by Rica 82 5 · 0⤊ 0⤋