If my momdied and had long time “live in spouse”, as her son from another marriage, do I have rights to her estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my momdied and had long time “live in spouse”, as her son from another marriage, do I have rights to her estate?

Mom just recently passed. I am her son from another marriage. She still carried my father’s last name. She shared a house, bank accounts and safety deposit boxes with her “live in spouse”. She recently won a large some of money from the state lottery and had a large collection of expensive jewelry. The “live in spouse” has emptied the contents from the bank and safety deposit boxes. I am currently living in GA and have no control at this current time for no Will was prepared. Do I have rights to her estate, winnings and/or jewelry? How do you prove what is hers and his?

Asked on September 26, 2010 under Estate Planning, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If there is a will, the will would control. If there's no will, then the possession pass by intestate succession, which would have some or all go to a chilld from a prior marriage. (The issue is what other relatives survive, which will impact the child's share.)

2) A live in significant other generally has no right to inherit.

3) However, items owned jointly will go to the significant other in whole  or  part. Certain things, like a joint bank account or a  home owned jointly with right of survivorship, he would get in total. Others, like, say furniture in a joint home, he could get a portion of, if he can show he contributed to buying them.

4) Issues of proof in a case like this could be very complex. Since there is a good chance you are entitled to at least part of her estate or belongings, you should consult with an attorney, who can help you get your share.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption