If my partner died several weeks ago and we lived together in the house that I own, does his estate have rights to his belongings?

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If my partner died several weeks ago and we lived together in the house that I own, does his estate have rights to his belongings?

His name is not listed on any legal documents. I am wondering if the executor and/or his estate (Will hadn’t been updated and divided assets between 2 friends) have any right to enter my home to gather his belongings or do they have rights to claim anything at all?

Asked on August 7, 2012 under Estate Planning, Tennessee

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  If he was even charahcterized as a "tenant" for the purpose of answering here his estate would be permitted to gain possession of his belongings.  They do not just become yours with his death because they are in your home.  Good luck.


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