Legal Question in Wills and Trusts in New York

The woman I have loved and honored as my wife, though we never married, passed away last week. There is no will. Since that day, her brother and her 'best friend' have been sifting the entire house and carrying off everything of value. I mean EVERYTHING. He took my snowblower, she took curtains - yes, curtains. They both said I am entitled to nothing. Now I've been warned to expect eviction papers soon. This is all too horrible for words. Don't I have any rights? Are they allowed to steal all they have? I can't think straight. Can anyone help?


Asked on 2/10/11, 2:09 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Unless you can prove you paid for an item, you have no legal rights.

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Answered on 2/10/11, 8:07 pm
Michael Markowitz Michael A. Markowitz, PC

Heartless. Yet, unfortunately, if the house was in this woman's name - and she had no will - you may be evicted.

As for items taken that are yours, you must find receipts. If you can prove that the brother took items that belonged to you, you may have a claim for conversion.

Furthermore, since you are in the house legally, and if the brother entered the house without your permission to take your valuables, you may have a claim in tresspass.

Mike.

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Answered on 2/11/11, 5:44 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors. I also believe NY may have "common law" marriage. If it does, you may have legal rights and standing, if you qualify. An attorney should be consulted promptly.

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Answered on 2/13/11, 5:47 pm


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