death question

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death question

my boyfriend and I were together over 20 years we were never married. He lived with my mother and I. a month ago he had a fatal accident he left no will so because Utah does not recognize common law marriage his 2 children got most everything. I gave his children his personal effects and his car now they are asking for anything in this house that was his that we shared. can they legally take anything out of this house even if it was given to me

Asked on September 3, 2019 under Estate Planning, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

His heirs are only entitled to what he owned, not what you own. What you own includes anything gifted or given to you, since a gift, once given, belongs to the recipient. So legally, they are not entitled to anything given to you. If they don't believe something was given to you, whomever is in charge of his estate (e.g. the "personal representative" appointed by the court) could sue you and try to prove that it still belonged to him; to win their case, they (as the one suing) would have to prove it was his, not yours, and you could present your contrary evidence or testimony showing that it was given to you.


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