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Can I claim unclaimed property of an deceased partner?

Portland, OR |

We were not married. I lived with him we were together for 5 years and what do I need to claim it?

Attorney Answers 3

Posted

Sorry, no. His statutory heirs, such as sons, daughters, sisters, brothers, would be the only ones to claim his assets.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 27 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

If your partner had a will or other testamentary device stating his wishes for the distribution of his property, then that document would control who received it. If he didn't, then the property passes by the intestacy statute, which grants it to his blood relatives first - children, grandchildren, parents, &c. I'm afraid that merely living with him does not give you any right to his property. (If the property belongs to you as well as him, for instance if you bought something together, then you may have a claim to that.)

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com

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2 comments

Asker

Posted

What if he was going to put the deed to his house in my name it got the notarized paperwork

Jay Bodzin

Jay Bodzin

Posted

"Going to" gets you nothing - he must have actually done so, for you to have a legal interest in the property.

Posted

If your partner had a Will, and you were listed as a devisee, then you should get whatever he left you in his Will. If no one has started probating his Will, or at least filed a Small Estate Affidavit, then you may have to in order to claim the property left you. If, however, there is no Will, then I'm afraid you get nothing. Living together and marriage are not the same thing and marriage has its benefits and its down sides...this is one of the benefits. If you were married and he died without a Will, you would have gotten everything (assuming he had no children). As it is, you get nothing without being listed in a Will. Somewhat harsh after 5 years but it is the law.

Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: gregabbott@comcast.net. Specializing in Consumer and Small Business Law.

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