What rights do children have after parent dies?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights do children have after parent dies?

My father passed away Sunday and his
girlfriend refuses to give any of his belongs or
anything to me and my siblings is there any
legal action that can be taken?

Asked on March 6, 2017 under Estate Planning, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue her in chancery court (a part or division of county court) for an order requiring her to turn over his belongings and/or pay compensation for them. "Girlfriend" is not a legally recognized relationship for inheritance purposes: she is not entitled to any of his belongings or property unless and only if he willed them to her by a valid, propertly executed and witnessed, written will. Otherwise, as his children, his belongings will pass to you.
Of course, she can keep her own belongings; and she will have an interest in anything she can show was jointly purchased or owned by the two of them. (E.g. if they jointly bought $5,000 of furniture, TVs, etc., she has a half interest in them worth $2,500.)


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