What options do I have if someone I have been living with for years dies?

Question

I have been living with my fiancé 9 years.  In case he dies, what are my options?

Douglas Tull · Answer

Not many.  Best advice, get married!  In absence of that, have fiance execute a will that names you as beneficiary  or have him name you as a beneficiary on life insurance or qualified plans   or own property jointly with him.

Richard Keyes · Answer

Unless you have assets in joint names or are a beneficiary on life insurance or retirement plans, you get nothing upon your fiance' death. Please discuss this with your fiance'.

John Brennan · Answer

None in Michigan, his property would go by will or probate and you would have no interest under the law if there is no will. Take a hint and get an attorney.

Victor Waid · Answer

Your options are zero, unless you get your fiancé to an estate planning attorney to plan out his estate to include you in the documentation as one of the inheritors of his estate. Don't delay, as you do not know what tomorrow will bring.

Erven Nelson · Answer

You would need to prove that your earnings contributed to the assets. You can either get married now, or have him name you in a will, trust, on deeds and titles, etc.

James Frederick · Answer

You do not have many options. Proper estate planning is essential in a situation like yours. The sooner, the better.

Dara J. Goldsmith · Answer

Unless you are names in his Will as a beneficiary or Executor you have no legal rights in the state of Nevada.

James Oberholtzer · Answer

If he does not put his property in a joint tenancy or a trust or make a Will, you get nothing.

Brian Haggerty · Answer

He absolutely has to have a will, or marry you, or the two of you need to own things jointly, with right of survivorship. Fiance is not a status that has any legal meaning for purposes of inheritance.

Randy Lish · Answer

Unless he has a will, his estate will pass to his heirs based on the intestacy laws of the state where he resides at the time of death. Depending on state law, you may have no legal interest in his estate.  Both of you really need to do your estate planning, so your assets go where you want them to go.

Christine James · Answer

Unless he does a will or trust leaving you something, you will not inherit from him.  If you own property together, expect to have to buy his estate out of his 1/2 or sell.

Bernard H. Greenberg · Answer

You should consult with a lawyer specializing in estates immediately. Whether you have rights as a putative spouse should be discussed along with all the facts of your case to determine your position.

Mark T. Peters · Answer

Kiss everything he has goodbye unless he has named you in his will.  If you two bought something together, you might have a claim for half of those items.  Your only real protection is to get married or to have him put your name as joint tenant on the property that has titles or certificates.

Susan Wideman · Answer

Unless you are a co-owner or a beneficiary on their assets, you have no legal rights to their assets or income when they die.

Jayne Sebby · Answer

If you are not in a legally-recognized marriage or living in a state that still recognizes common-law marriage (most dont), you need to get a number of documents written as soon as possible.  As it is, you would not have the right to visit your fiance in the hospital, live in any property he owns, or have access to his finances if he was unable to speak for himself.  Any living relative of your fiance would have legal priority in decision-making and could refuse to allow you to be present, much less have a say.  Assuming you have no plans to marry in the next few months, you each need to have a health care power of attorney and a financial power of attorney instrument naming the other person as "attorney in fact."  Wills also need to be executed that would leave some or all of your individual estates to each other.

Michael Doland · Answer

California has no common law marriage so unless you are mentioned in a will or trust, you have no rights.

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What options do I have if someone I have been living with for years dies?

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