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-   -   Rights to Assests (https://www.askmehelpdesk.com/showthread.php?t=542995)

  • Jan 11, 2011, 01:28 PM
    sonno
    Rights to Assests
    Who has more rights to a fathers assests, his blood children or his partner, which is not the mother.
  • Jan 11, 2011, 01:38 PM
    smoothy

    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.
  • Jan 11, 2011, 01:40 PM
    ScottGem

    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.
  • Jan 11, 2011, 02:18 PM
    JudyKayTee

    I'll add - is/was he MARRIED to the partner (including common law)?
  • Jan 11, 2011, 03:02 PM
    sonno
    Comment on JudyKayTee's post
    Deceased and was not married, but was with other person for 13 years
  • Jan 11, 2011, 03:03 PM
    sonno
    Comment on ScottGem's post
    Passed away lastweek. A draft will was submitted but not signed by him. Living with partner for 13 years but not married.
  • Jan 11, 2011, 03:07 PM
    Fr_Chuck

    Did they file for a domestic partnership ?
  • Jan 11, 2011, 03:09 PM
    sonno
    Comment on smoothy's post
    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,
  • Jan 11, 2011, 03:24 PM
    smoothy

    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.
  • Jan 11, 2011, 03:57 PM
    JudyKayTee

    Depends on the State - do we know where this is? Is paternity of the children a proven FACT?
  • Jan 11, 2011, 06:21 PM
    ScottGem

    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.

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