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


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.


 e-mail: [email protected]


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.

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