If my momdied and had long time “live in spouse”, as her son from another marriage, do I have rights to her estate?
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If my momdied and had long time “live in spouse”, as her son from another marriage, do I have rights to her estate?
Mom just recently passed. I am her son from another marriage. She still carried my father’s last name. She shared a house, bank accounts and safety deposit boxes with her “live in spouse”. She recently won a large some of money from the state lottery and had a large collection of expensive jewelry. The “live in spouse” has emptied the contents from the bank and safety deposit boxes. I am currently living in GA and have no control at this current time for no Will was prepared. Do I have rights to her estate, winnings and/or jewelry? How do you prove what is hers and his?
Asked on September 26, 2010 under Estate Planning, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If there is a will, the will would control. If there's no will, then the possession pass by intestate succession, which would have some or all go to a chilld from a prior marriage. (The issue is what other relatives survive, which will impact the child's share.)
2) A live in significant other generally has no right to inherit.
3) However, items owned jointly will go to the significant other in whole or part. Certain things, like a joint bank account or a home owned jointly with right of survivorship, he would get in total. Others, like, say furniture in a joint home, he could get a portion of, if he can show he contributed to buying them.
4) Issues of proof in a case like this could be very complex. Since there is a good chance you are entitled to at least part of her estate or belongings, you should consult with an attorney, who can help you get your share.
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