Legal Question in Wills and Trusts in New Hampshire

My father passed away July 22nd and His girlfriend who is claiming that she is his common law wife didn't even tell any of his family. Not one person other then her daughter. My dad dies alone wondering why no one was there. I also should tell you her had terminal brain cancer and he could no longer speak, write or read. He left no will. The same day that my brother and I found out that he passed she had someone come and take the few possesions he had to his name. There was a motorcycle worth about 15 grand and a pickup truck. My question is how can she be hiding these things or selling them? Those things need to go through probate right? I believe as of now she is just hidding them but she does hold the titles for those things so if she would have sold them the day after he died then she forged his signature. I need help..I don't care so much about the material items buy I know that he wouldn't want her to have the things over his children. And to me the law is clearly that the children are his heirs.


Asked on 8/02/11, 6:09 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

My sincere condolences on the passing of your father. The facts you present require a lot more detail before offering a legal opinion. There is a VERY limited statute in New Hampshire addressing common law relationships. Additional information would be needed to determine if your Father's girlfriend qualifies as a spouse. Also, if the vehicles were titled in his name, they could not be sold without his signature or the authorization of the probate court. I suggest that this is a matter you need to review with an attorney to determine how best to protect your legal rights.

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Answered on 8/02/11, 6:36 am


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