How do you determine who is entitled to property of a deceased. Daughter or Boyfreind.

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How do you determine who is entitled to property of a deceased. Daughter or Boyfreind.

I lived with a woman that was marriedfor 5 yrs, she had 3 children. She passed
away and I would like to know if I have to give up,things that where bought while we
where together. Does her daughter have to have a receipt of things that where
purchased. To prove who purchased things.

Asked on February 1, 2017 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, the boyfriend is entitled to anything purchased with his separate money, which was not gifted to the woman; anything bought by her and gifted to him; and 50% of the value of anything bought jointly. The rest goes to her child(ren). As a practical matter, proving what is what may be difficult; if you and the daughter cannot work it out among yourselves, one or both of you may need to bring a legal action (lawsuit) and ask the court to, based on evidence (e.g. receipts), testimony, etc. determine what belongs to whom.
The above is if there is no will. If there is a will, it could change things--e.g. she could have willed everything she owns, and her share of jointly purchased property, to you.


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