My mother in law had a legal separation from my father in law. They had a will for right to survivorship which states the survivor had rights to the estate. My father in law moved in with his girlfriend of 8 years et took his guns, rings, etc. My father in law died very unexpectedly. My husband and children and his brother and children have nothing of their fathers although they had a good relationship with their father and grandfather, my husband called the girlfriend and she stated there was nothing of their fathers they or their mother could have and is selling everything, does she have a legal right to do this if there was never another will? I hate that my husband or children will never have anything belonging to their father, things that were my husbands grandfather and great-grandfather, Will we have to go through court and maybe still get nothing ? Thank you for any advice.
2007-02-18 03:46:58 · 5 answers · asked by sal326 1 in Family & Relationships ➔ Marriage & Divorce
For sure, if it's not written down, she has no rights to any objects. Even the house they live in, unless she is on the deed or lease. Without a will, she is screwed. Everyone that owns anything should have a will. Otherwise the family and/or government will get it all.
2007-02-18 03:55:31 · answer #1 · answered by FireBug 5 · 0⤊ 0⤋
There are a lot of unknowns in your question and summary.
Depending on if the man and woman lived together in a "Common Law Marriage" then the g/f could be "legal" next of kin.
HOWEVER, whereas the Mother in Law was NOT divorced from the husband she is NEXT OF KIN. The legal separation does not constitute divorce.
The g/f could be charged (potentially) with theft if she sells belongings that do NOT legally belong to her and profits from that sale.
You and your MOther in Law need legal representation NOW in this matter. If can't afford, try to contact the local LEGAL AID group for assistance!
Best Wishes!
2007-02-18 11:54:09 · answer #2 · answered by david1957 2 · 0⤊ 0⤋
No the girlfriend does not have a right to the belongings...she is not family only a girlfriend..your husband should go and get the things that he and your children are intitled to....good luck to you..
2007-02-18 11:52:12 · answer #3 · answered by futurecreationsusa 2 · 0⤊ 0⤋
if there is no will stating it is hers then you should go to court and get your stuff back.
2007-02-18 11:52:05 · answer #4 · answered by hotcookie1993 2 · 0⤊ 0⤋
legally she don't because they were never married. and since you are relatives they'll give you everything and not her.
2007-02-18 11:51:49 · answer #5 · answered by jbhennessy 1 · 0⤊ 0⤋