QUESTION

What rights does the unmarried partner have when one of the couple passes away?

Asked on Feb 16th, 2016 on Estate Planning - California
More details to this question:
My sister's partner of 25 years unexpectedly passed away leaving no will. They were never married. Now, his previously estranged family have come to collect. They are intending on ousting her from her home and selling it, as well as all it contains. Does she have any protection at all or will she be legally homeless?
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2 ANSWERS

She has no legal interest in the home or possessions through intestate succession. She is entitled to the personal property she can prove is her own.
Answered on Mar 21st, 2016 at 6:46 PM

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If she was not on title, she has no right to stay in the house. I do not think California has updated the probate laws to include domestic partners. That is why it makes little sense for a woman to live with a man without getting married. There are some cases in which a widow got back some money because she could prove what amount of her own funds she put into the home [repairs, mortgages, etc.]. She could retain the items she bought herself and did not give to him as a gift, but that is going to be hard to prove. She needs to communicate immediately with his family to establish what her contributions to the relationship were. ?It may not be worth while to hire an attorney to recover her items.
Answered on Mar 21st, 2016 at 10:53 AM

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