What to do if my fiancé passed away without a Will and now his mom is trying to take things that we purchased together?

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What to do if my fiancé passed away without a Will and now his mom is trying to take things that we purchased together?

Can she legally take them?

Asked on June 29, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  It really depends on the "things" that you are talking about here and really what she can "prove" is his alone or partially his.  If there are items that are titled in his name - say a car or a motorcycle or a home - then there is a presumption that they are his alone.  And if you are living in an apartment that has a lease in his name alone the contents - if that is where the items are - would be considered at first his alone.  But you can fight her on this and you should. Speak with an attorney on the matter.  Good luck.


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