Legal Question in Family Law in Georgia

Death of Fiance
My fiance just passed away.His family had disowned him because of our relatioship.I am 37,he was 77.,we have been living together for over a year now.Of his 3 children,only one stayed in touch and supported his decision to be with me.The other 2 children wish to remove me from his/our home immediately.We were engaged to be married July20,2008.He passed on July 2,2008.We had credit cards with my first name and his last,had planned to adopt a child,etc...,his will is to his childrens names and he had plans to change it,but hadn't.He hasn't heard ANYTHING from 2 of his children in over a year.NOTHING!No call or nothing.His last request was to not inform his children if he passed.Do I have any legal rights if so what are they?

Asked on 7/05/08, 10:41 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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Re: Death of Fiance

I am sorry for the death of your fiance, especially so recent. Being engaged is not the same, legally, as being married, which might give rise to some rights to assets or the use of assets. It is basically being a girlfriend. Plans to change a will in the future does not invalidate an otherwise valid will, and whether or not the kids liked you or agreed with his decisions are not relevant. If the will is not valid for whatever reason, property would still go to the family. You fail to state who actually owns "his/our home," but assuming he did, again, it goes according to his will and the executor or recipient under the will generally has the right to make decisions about the property, including seeing that it is vacated. If you contributed to its value, such as making payments, perhaps you can ask for something (or post more details). Getting credit cards with (presumably) fake names is likely credit card fraud and could lead to charges. You should make sure they are paid off, even if you have to pay them. In short, being the girlfriend of someone who might change his will later is not nearly the same as being the spouse, regardless of future plans.

Answered on 7/05/08, 11:05 am

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