If your living together and one dies do the children have the right to come take what they want?

Asked about 1 year ago - Cherokee Village, AR

Like guns , clothes, things we have in our home?

Attorney answers (2)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If the decedent left a valid Will, then their property will pass in accordance with the provisions of the Will. Otherwise, the decedent's property will pass to the children pursuant to the intestacy statutes unless it is titled in some type of co-tenancy with the surviving partner or given to the partner as a gift (which can be very difficult to prove).

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  2. Aaron Scott Hill

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If you are married, you have rights in your deceased spouses estate. If you are not married, the personal property of your partner belongs totally and completely to their heirs. Depending on how title to your home is held, they may have rights to it as well. You need to speak with a lawyer to sort out everything.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only,... more

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