If a home loan is an the name of a deceased person and that person had deeded the house to his fiancé, do his kids have the right to the contents of the home?

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If a home loan is an the name of a deceased person and that person had deeded the house to his fiancé, do his kids have the right to the contents of the home?

The quit claim deed was filed with the registry of deeds and the fiance legally owns the house and us paying the mortgage. There was no Will and his kids were beneficiaries so the kids know they do not own the house, but they believe they own the contents of the house. Is this true? The contents of the house were purchased by the deceased man and his fiance as they lived together for about 9 years.

Asked on December 29, 2018 under Estate Planning, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Fiance is not a legal relationship: a fiance does not inherit anything not willed to  her, so if there is no will, she does not inherit any of his personal property. And owning a home does not automatically convey ownership of the home's contents. 
The deceased's children will inherit anything that he owned by himself; they will inherit his share or interest in anything he and his fiance bought or owned together; she of course keeps anything she owned solely.
Examples:
1) His children will inherit his clothing and personal accessories or jewlery (e.g. any ringsal or chains or earnings he wore, a watch, etc.).
2) Anything he owned before he and the fiance got together will be inherited by the children--so if, for example, he had his own TV prior to them coming together, his children inherit it (for whatever a 9+ year old TV might be worth).
3) If he and his fiance jointly paid for furniture or artwork, then it was half hers, half his--so his children are entitled to half its value.
4) If they had one computer they bought together, it will be like 3), above; if they each had computers, the children get his.
It's a case-by-case judgment, looking at who paid for/bought or was gifted (since is something is gifted to one person, it belongs solely to him/her) and the children getting anything solely his or his share of anything jointly owned or bought.


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