Elderly Mother has no will , has multiple properties

UPDATED: Oct 1, 2022

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Elderly Mother has no will , has multiple properties

My mother lives in Duluth and I live in Indiana. She told me she doesn’t have a Will, she also has a live in boyfriend. They have been together for about 25 years. Like I said she is up in age, in her 90’s. I’d like to know what are my rights if she passes away? The last time I visited her boyfriend gave me the impression her properties we’re going to him. I think they own some properties together but not all. What should I do?

Asked on December 3, 2018 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A boyfriend does not inherit if there is no wil leaving him assets, so he does not receive anything owned by her solely (e.g. if a house or bank account or car is in her name only). Anything owned jointly by the two of them, he will either retain his half interest in or possibly get the whole thing (e.g. a house owned as joint tenants with right of survivorship), depending on the type of joint ownership. And of course, anything owned solely by him remains his. If he tries to withhold things or money which you do not believe he is entitled to after your mother passes away, her "estate" can, through the personal representative or administrator (either term may be used; this is basically the executor when there is no will) may sue him for those things/money; he'd then have to be able to prove he is entitled to them.

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.

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