Ask Me Help Desk - What are my rights

What are my rights

My boyfriend and I were together for 11 years, we have also lived together the whole time. He passed away a week ago and not his aunt wants me to leave everything we bought together in the house we lived in. She owns the house and I don't want anything he had before we got together and I know in South Carolina there is no comman law. My question is, since the household furniture was bought in my name can she make me leave it. Also she is saying he made a will last year but she has not read it yet ( I was never told by him that he made one) She has signed his name on papers in the past... what can I do?

If you can prove you purchased any of the items, then they are yours. Otherwise, you have no other rights.

Quote:

Originally Posted by tistrish

my boyfriend and I were together for 11 years, we have also lived together the whole time. He passed away a week ago and not his aunt wants me to leave everything we bought together in the house we lived in. She owns the house and I dont want anything he had before we got together and I know in South Carolina there is no comman law. My question is, since the household furniture was bought in my name can she make me leave it. Also she is saying he made a will last year but she has not read it yet ( I was never told by him that he made one) She has signed his name on papers in the past...what can I do?

If she owns the house, she can evict you.

But if the furniture belongs to you you can take it with you.

If she has his last will and testament, you can go to probate court and probably get an order that she let you see it. If he established a 11-year long domestic relationship with you, he should have provided for you in the will. Well, he should have married you, but in the absence of that...

Did he own anything when he died?

Everything he owned is in his moms name or has a lien against it. (was done because of the person he was with years ago and her trying to take property from him) My problem with this will is that his aunt sings his name all the time and brags that she can sing his name better then he can

Are you saying the Will was falsified?

If you have proof that you purchased items, in your name, then it doesn't matter what a will says or what the aunt signs. Anything you purchased in your name is yours.

Im not sure. He never said anything to me about a will and did not know how to use a computer. I even filled out all his paperwork at Drs visits. He says he made it last year but that she is not going to read it for a few weeks, Oh just so you know she is a notery

Quote:

Originally Posted by tistrish

Im not sure. He never said anything to me about a will and did not know how to use a computer. I even filled out all his paperwork at Drs visits. he says he made it last year but that she is not going to read it for a few weeks, Oh just so you know she is a notery

A will generally has to be witnessed by two people. However, if she is a notary, she could falsify the signatures of the witnesses.

But a will can only bequeath property owned by the decedent. So the will may deny you any property he wanted you to have, but not your own property. If he didn't own anything in his own name, then there is nothing for him to bequeath.

Quote:

Originally Posted by ScottGem

... If he didn't own anything in his own name, then there is nothing for him to bequeath.

Exactly.

What is the point if this discussion of a will, if he didn't own anything anyway?

Well he did own some cars and a rollback, he just added liens to everything. We bought a mustang a year ago a fierro (still needs parts to get running) a rollback. But my question was more to things we bought together.

Quote:

Originally Posted by AK lawyer

Exactly.

What is the point if this discussion of a will, if he didn't own anything anyway?

I asked about it because I thought OP was suggesting that the aunt had forged the Will. I didn't bring it up; OP did.