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

Cherokee Village, AR |
Filed under: Intestacy and probate

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

Attorney Answers 2

Posted

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, and does not create an attorney client relationship.

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Posted

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. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation. www.TheSchollLawFirm.com

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