my parents were married but separated at the time of my father's death yet on my mother's death record her long time companion is listed as her husband. Is his family entitled to my father's estate? My dad died intestate and predeceased my mom.
Lawsuit / Dispute Attorney
If your parents were separated, your mom and the children would take your father's estate absent a will. If your mom dies intestate, only her children would take --not the companion. The companion has no legal rights absent a will.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
Family Law Attorney
You mom's boyfriend's family is not an heir at law, and so, is not entitled to inherit any of your father's estate. If your parents were married at the time of your father's death, then your mother, your siblings, and you are entitled to inherit his estate. Upon your mother's death, her estate, which should have included the property that she inherited from your father, should pass to your siblings and you.
If your mother's boyfriend's family is attempting to take property that belonged to your mother, you should contact an attorney that specializes in Probate/Estate Planning immediately to protect your interests in your mother's estate.
The foregoing does not establish an attorney client relationship with Attorney Stephen D. Gregg. The information given in Attorney Stephen D. Gregg's answer is not legal advice and is only given for educational purposes.
Divorce / Separation Lawyer
If your father predeceases your mother, then your mother was a widow. If she passed away, then her companion was not her husband, unless she married him after your father died. You should consult with a probate lawyer. If your mother had a will it beds to be probated. If there was no will , then her estate would be distributed under intestate succession. If there was a mistake on the death certificate, then you should provoke them with a copy of your mother and father's marriage license.
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Estate Planning Attorney
No. A long time companion has no standing and is not entitled legally to anything in an administration. My guess is that the companion was the informant on the death certificate. I do not know if it bas intent or emotions that caused him to list her as spouse, but there is a proceeding to have this information corrected. You most certainly should see a lawyer to have this corrected. Financial instituions don't investigate this issue before releasing money to a spouse listed on the death certificate.