If a man wasliving with his partner when he died, does the partner have rights?

Not married nor had any legal partnership agreement.

Asked on November 7, 2011 under Estate Planning, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

I agree that you do not have rights based on the situation described above.  New York sets forth the relationship of the individuals who have standing to act.

Sharon M. Siegel, Esq.

www.siegelandsiegel

 e-mail: [email protected]

212-721-5300

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, his partner will not have rights based on the relationship: only when there is a marriage or a recognized domestic partnership (if your state has one)--or in a very small number of states, a recognized

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a person has been co-habitating with his partner and one person passes where there has been no marriage, the surviving partner has no legal rights to the estate of the deceased person absent a Will, policy of insurance naming him or her or a trust.

The requirement to be possibly entitled to assets of the estate of the deceased person requires a written instrument such as a Will or a trust and if no Will, a legally recognized marriage.

Good question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.