Legal Question in Wills and Trusts in California

my fiance died one month ago we have lived together for 7 years his parents are trying to take his belongings what do i have to give them? is it only the thing in his name


Asked on 9/28/11, 10:34 am

2 Answers from Attorneys

Thomas Reid The Law Office of Thomas D. Reid, APC

I'm sorry to hear the news. Losing a loved one is always difficult. The answer to your question would really depend on whether or not your fiance had an estate plan of some sort. Unfortunately, you were not married, so your assets would not be community property. If your fiance had a will or trust, you would need to find it and follow the terms of the documents, which would likely inform the executor or trustee how to distribute the assets.

If your fiance did not have an estate plan, his estate would pass according to intestate succession and his children or his parents would likely receive his property. The most important factor would be to find out if he did have some sort of estate plan in place to answer your question.

I hope this helps.

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Answered on 9/28/11, 10:49 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

We hear stories like yours all the time and, if he didn't marry you or put you in an estate plan, he wasn't that into you. Unfortunately you now have no community property or entitlement to inherit from him, so you go away from the relationship with nothing.

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Answered on 9/28/11, 12:43 pm


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