death question

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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 lock Secured with SHA-256 Encryption