My fiancee passed away recently sudden death

He had no will and we lived together. I had a apartment insurance on all of our belongings in the house. His daughter is now coming over here trying to get in the house and take his belongings and she had been estranged from him for 3 1/2 years. She was banging on my door asking to come in and take his belongings she lives in Chicago and I lived with him in Massachusetts -Cape cod. I know they will get his life insurance policy but the belongings inside our apartment are ours. How is it she thinks they are hers and can take them away. I did not let her in and I believe now this will go to probate. I have a policy on my things can you tell me how this works? They should be mine I paid for it all with him and these kids never even bothered with him ever. So sad a bad situation for me.

Thank you,
Susan Quinn

Asked on September 7, 2016 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, anything that was your finance's will go to his children when there is no will (if there had been a will, he could have willed to you). Presumably some of the belongings inside were purely his (e.g. his clothing; any furniture, electronics, art, etc. he brought with him to living with you or paid for solely from his money); some will be purely yours (e.g. anything your brought with you to the living arrangement, or paid for by your money); and some will have been jointly purchased, in which case his heirs (the daughter) are entitled to his portion or share of the item. If you and she cannot voluntarily work out which items belong to who, assume that she or his estate will sue for the belongings; you will then have the chance in court to prove what you purchased yourself and own, such as through credit card statements, receipts or invoices, etc.

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