Legal Question in Real Estate Law in New York
I recently lost my live in companion of 17yrs he has 6 children I would like to know my rights to his personal propery I own my home where he resided he was no way involved in the purchase of my home we accumulated alot of stuff such as furniture tools ect He also has 2 antique cars reg to him reg never signed no titles involved what rights do I have to these things
1 Answer from Attorneys
Assuming there was no Will, his children would inherit any property not held jointly with you or where you are listed as a beneficiary.
Under NY law automobiles become the property of the surviving spouse. Unless during that seventeen year period you traveled to Florida or another common-law marriage jurisdiction and held yourself out as husband and wife, (registering as Mr. and Mrs. at a hotel or motel would work) his children would inherit his property.
With regard to any furnishings you acquired together, while the children might technically have a claim, they would be hard pressed to prove who paid for them and you could quite legitimately claim that they were gifts to you and therefore not part of his estate.
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