View Full Version : Rights to Assests
sonno
Jan 11, 2011, 01:28 PM
Who has more rights to a fathers assests, his blood children or his partner, which is not the mother.
smoothy
Jan 11, 2011, 01:38 PM
What does his will say? Did he have one? That is the primary document that would be recognised as to his wishes.
Subsequent arguments would occur only after it was determined he didn't have one.
If he had a will, then he can leave anything and everything he has to another party. No one is ENTITLED to inherit anything, except a legally married spoouse. And even that is subject to certain limitations depending on the exact situation.
But you automatically have no assumed rights to anything. THere can be a lot of factors in play that affect answers in this area.
ScottGem
Jan 11, 2011, 01:40 PM
Is the father deceased? Did he live a will? If not the estate is distributed according to the rule of inheritance in the area he lived. ANY question on law needs to include your general locale as laws vary by area.
JudyKayTee
Jan 11, 2011, 02:18 PM
I'll add - is/was he MARRIED to the partner (including common law)?
sonno
Jan 11, 2011, 03:02 PM
Deceased and was not married, but was with other person for 13 years
sonno
Jan 11, 2011, 03:03 PM
Passed away lastweek. A draft will was submitted but not signed by him. Living with partner for 13 years but not married.
Fr_Chuck
Jan 11, 2011, 03:07 PM
Did they file for a domestic partnership ?
sonno
Jan 11, 2011, 03:09 PM
Thank you. This has answer a lot of uncertain questions, which has arisen since his death.
He left a draft will, which wasn't signed, he was never married to his partner of 13 years, but have 3 biological daughters,
smoothy
Jan 11, 2011, 03:24 PM
If there is NO will at all, you actually might have the most rights. Because then Probate court will decide. If there was a signed will, HE would have made the decision.
A draft if left unsigned is still a draft and not legal. Legally he could have given everything to the ASPCA just as an example... in a will. You would have had a fight on your hands to contest a signed will.
But also, lacking a signed will... uncertainty will reign until its settled by the court.
JudyKayTee
Jan 11, 2011, 03:57 PM
Depends on the State - do we know where this is? Is paternity of the children a proven FACT?
ScottGem
Jan 11, 2011, 06:21 PM
First, please do not use the Comments feature for followups. Use the Answer options instead.
Second, we asked you several questions including locale. If you want help you have to answer everything.
However, if there is no legal partnership, then its unlikely the partner is entitled to anything.