Can I claim unclaimed property of an deceased partner?

Asked 12 months ago - 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)

  1. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Diane L Gruber

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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.... more
  3. Gregory L Abbott

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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... more

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