Legal Question in Civil Rights Law in Pennsylvania
My husband was seeing a girl and he died Jan 4 well short story she has his stuff and wont give it up how do i get my husbands stuff
from her
1 Answer from Attorneys
This is not a civil rights issue. Its a probate issue. You need to see a probate attorney.
You post no relevant details. Be prepared to advise the probate attorney when your husband died, where your husband lived at the time of his death (county/state) and whether your husband had a will. Bring the will if there is one. List any children your husband had with you or anyone else.
You indicate your husband was seeing someone. Were you separated? Was there any kind of a marital settlement agreement? Were any divorce or equitable distribution actions pending? Death abates a divorce action. Depending on where you and your husband lived at the time of his death, any equitable distribution claims may or may not abate too.
Assuming that there were no divorce and related proceedings and that there also is no will, the girlfriend is not entitled to anything belonging to your husband. However, to get it back, you will need to be appointed as the personal representative of your husband's estate. The probate attorney will be able to help you with that as well as to reclaim any property.
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