Elderly Mother has no will , has multiple properties

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Elderly Mother has no will , has multiple properties

My mother lives in Duluth and I live in Indiana. She told me she doesn’t have a Will, she also has a live in boyfriend. They have been together for about 25 years. Like I said she is up in age, in her 90’s. I’d like to know what are my rights if she passes away? The last time I visited her boyfriend gave me the impression her properties we’re going to him. I think they own some properties together but not all. What should I do?

Asked on December 3, 2018 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A boyfriend does not inherit if there is no wil leaving him assets, so he does not receive anything owned by her solely (e.g. if a house or bank account or car is in her name only). Anything owned jointly by the two of them, he will either retain his half interest in or possibly get the whole thing (e.g. a house owned as joint tenants with right of survivorship), depending on the type of joint ownership. And of course, anything owned solely by him remains his. If he tries to withhold things or money which you do not believe he is entitled to after your mother passes away, her "estate" can, through the personal representative or administrator (either term may be used; this is basically the executor when there is no will) may sue him for those things/money; he'd then have to be able to prove he is entitled to them.


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