Young friend died, no will, and girlfriend and mother fighting over property.

Question Details: a friend of mine died recently in an accident. He was 21 and living with his girlfriend and 2 other friends. now that he has passed away his mother is taking away everything he owned. The girlfriend wants to keep a new computer that he recently purchased. who has the right to his stuff? He had no will and the mother has threatened to involve the police.

Asked 9/27/2009 under Wills, Trusts, Probate | 303 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

When a person dies intestate, that is, without a will, his property passes to his living heirs according to state laws that determine how property is distributed in these circumstances. The mother will be recognized as a living heir in the situation you describe.  The girlfriend will not. What were the rental arrangements?  Would it be possible in good faith for the girlfriend to take the position that her boyfriend was partially responsible for living expenses and to offset the value of the computer against those expenses?  Would it be possible for her in good faith to take the position that the computer was a gift?

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