My companion of 18 years passed away a month ago. He did not update his will after his father and brother passed away. I am not listed in his will.

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My companion of 18 years passed away a month ago. He did not update his will after his father and brother passed away. I am not listed in his will.

All his assets were seized by the courts. He had no outstanding bills or liens. The house we lived in is about to be put on auction per the public administrator from the surrogate courts. What rights do I have?

Asked on June 20, 2009 under Estate Planning, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your companion left no will that named you, you probably have no rights;  if it is at the point of conducting the auction sale, it may be too late to assert any rights you might have had.

There is only a very small possibility, which would depend on some kind of proof that your companion promised to take care of you or that he would make a new will in your favor, in return for your being with him.  It's very hard to prove, if it's even possible to argue this in your state, and if you want to look into that, you need to see an attorney immediately.  One place to find a lawyer is our website: http://attorneypages.com


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