QUESTION
Can I stay at the house that my boyfriend left after he died?
Asked on Dec 31st, 2013 on Estate Planning - Michigan
More details to this question:
My fiance died suddenly December 20, 2013. He did not leave a will. I reside in the home he owned with our three year old daughter. He has a 23 year old daughter that has an interest in his assets suddenly. Do I have to move in order to sell the home so she can get the money or do I have the right to continue raising my daughter in the home she had been being raised?
15 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If your fiance died without a will then his 3 y/o daughter and his 23 y/o daughter have equal rights to his assets and property. If you paid any money toward the mortgage or household items, you have an interest too. You should speak to a probate attorney to go over all the facts and background of this case to give you a more accurate and precise answer.
Answered on Jan 07th, 2014 at 5:58 PM
Please check with an estate planning attorney as soon as possible. If your fianc? was the recognized father of your three year old, she has rights to part of the estate. Depending on what state you live in you may be recognized as a common-law wife and you too may have some rights to the estate. Do not let this reach a crisis situation before you seek help.
Answered on Jan 03rd, 2014 at 2:36 PM
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If the house is in his name alone, likely you will have to move at some point soon if the daughter want's to sell it. That said, your daughter is entitled to a portion of her father's estate as well so you might want to do the math, see if you can buy the older daughter out and stay in the house. Otherwise, make sure your daughter gets her share from the sale and perhaps you can find a new house to live in with her.
Answered on Jan 03rd, 2014 at 2:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Tough situation. The girls appear to be the two heirs. Your daughter may be entitled to certain allowances that her sister would not be entitled to. Beyond that, you may need to sell the property, (or purchase the sister's share of it), in order to probate the estate. You should have an attorney to advise you further, based on all of the facts of the situation. You have no legal rights as a fiance. I am very sorry for your loss.
Answered on Jan 03rd, 2014 at 2:35 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I am sorry to say but without the marriage certificate or a will most likely his daughter get 100% of his assets and you get nothing.which means you need to either buy the home or move.
Answered on Jan 03rd, 2014 at 2:34 PM
In all likelihood the house will need to be sold at some point. To protect your rights and the interests of your child, immediately consult with an attorney specializing in estate matters.
Answered on Jan 03rd, 2014 at 2:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't have any right to the house or to live there. Your daughter is probably half-owner of the property. Depending on the other assets, you might be able to work out a deal with oldest daughter for her to take other assets and sign over her right in the house to your daughter. If that cannot be arranged, then yes, the house will probably have to be sold and your daughter's shaere put into a trust account for her benefit.
Answered on Jan 03rd, 2014 at 2:33 PM
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Chances are the short answer is no, unless your daughter's father had a will leaving it to her and his estte is over $100,000. If he did not have a Will and the total value of the Estate is under $100,000 in Nevada then your minor child may be the sole beneficiary. If the estate is worth more than $100,000 and he did not Will then the other daughter will be a 50% beneficiary with your daughter. I urge you to seek experienced probate counsel. This is not a simple question and the value of the total assets will impact who the beneficiary[s] are.
Answered on Jan 03rd, 2014 at 2:32 PM
You have no rights unless you are the spouse or was named in the deed. However, his minor daughter has rights to the homestead property that are superior to his adult daughter. You have to probate the estate, especially if no will, the court will provide an order of determination of rights to all his property. The adult daughter cannot just take his property unless she was named a beneficiary or was a joint tenant. The estate has to be probated.
Answered on Jan 03rd, 2014 at 2:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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His daughter has a right to support from his estate (Oregon answer). That could include remaining in the home for a while. Also, his daughter will inherit equally with his other kids. It would be best if you talk to your own lawyer about this, as it is somewhat unusual to deal with support of dependents in an estate.
Answered on Jan 03rd, 2014 at 11:38 AM
Your state's intestacy laws will determine who inherits the property. Likely it will be split between your daughter and his daughter. Unless you can afford to buy out his daughter's share, you will probably have to move out, the house will be sold, and the income split between the two girls (and any other heirs). Your daughter's share would be placed in a trust while she is still a minor with restrictions on how and when it can be used.
Answered on Jan 03rd, 2014 at 11:25 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You would not inherit, but assuming that you can prove your daughter's paternity, she would inherit one-half of the home. The best course of action, if possible, would be to work something out with the other daughter.
Answered on Jan 03rd, 2014 at 11:25 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The assets of your former husband are split two ways, as he left two children. You should obtain the services of a probate lawyer and commence probate proceedings, which can take time; during the progress,; you will want to seek the appointment as administrator of the estate, so you can control the assets for the estate. During the course of the proceeding you can remain in the premises. The lawyer will need to obtain the appointment of a guardian ad litem for your daughter, to protect her financial interest in the estate.
Answered on Jan 03rd, 2014 at 11:24 AM
Your daughter will share in the estate of her father along with his other children. Consult with an attorney if you need help.
Answered on Jan 03rd, 2014 at 11:19 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If your fiance died without a will the statute on descent and distribution controls his estate and all the assets in the estate. Since you and he were not yet married you have no status except as the mother (and guardian) of his child. If he properly acknowledged paternity of the 3 year old child, the child would be an heir. His children would equally share in his estate, if two children the each. If he has a wife (not yet divorced). The wife would also be an heir. (Wife receives and children equally divide) . If the house cannot be distributed to your child in-kind or an accommodation cannot be reached with the older daughter and heir, then the house will have to be sold. An in-kind distribution would be possible if the equity in the home were equal to other assets that could be distributed to the other daughter. If the house must be sold you and your child will be entitled to a reasonable time to make other living arrangements. You may have to pay rent to the estate to remain in the home for an extended period.
Answered on Jan 03rd, 2014 at 11:19 AM