Legal Question in Family Law in New York

Engaged womans fiance dies, what is she entitled to?

My mother has lived with a man for

eleven years. They got engaged on

Christmas eve 2004. He then got

cancer and they never got married. He

recently passed away without a will. His

sister is Power of Attorney and now is

trying to take everything out of their

apartment. He owned a few vehicles,

but no home. Those were his only

assets. What rights does she have?


Asked on 8/14/06, 9:30 pm

3 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Engaged womans fiance dies, what is she entitled to?

I'm sorry about the loss of your mother. Unless her late boyfriend had named her as a distributee in a will or they hadlived openly as husband and wife in a state which recognizes common law marriage, I'm afraid most likely your mother has no rights with respect to her fiancee's estate, if you would like to explore this further feel free to call to set an appointment for consult.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 8/15/06, 5:00 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Engaged womans fiance dies, what is she entitled to?

Sorry to tell you that the State of New York does not recognize common law marriages, so the length of time they were together is inconsequential. You also stated that there was no will. Im sorry to tell you that as a result of these facts your mother has no rights in this situation... however, feel free to contact my office to further discuss this case if you would like.

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Answered on 8/15/06, 6:39 pm
Seth Kaufman Kaufman PLLC

Re: Engaged womans fiance dies, what is she entitled to?

Although your mother does not have any rights of inheritance or distribution from the estate, neither does the sister have any right to gather or distribute property in her personal capacity or by having "power of attorney". Further, the state is not automatically entitled to any property of which they shared ownership or which he may have given to your mother before his death. Consult an attorney as soon as possible and tell the sister that you will only deal with the estate's administrator (legal representative)

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Answered on 8/22/06, 8:03 pm


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