Legal Question in Wills and Trusts in Vermont

legal responsibility of surviving domestic partner

A person who survives another has no legal obligation to pay debts of the deceased from jointly owned assets. If there are assets standing solely in the name of the deceased, then the assets can be the source of payments through a probate of the estate of the deceased. As to decisions of burying the deceased, as a domestic partner, your father should have no say in the decision. The son would have to make that decision.

Re: legal responsibility of surviving domestic partner

If everything is in your father's name he is not obligated to send anything to anybody. Now, if she had something in her name only such as an account, stock or bonds then her estate would have to pass through probate. Since there was no will the estate would still pass through probate but there would have to be a determination as to who would be entitled to those assets in her name only. Since she was not married to your father then it would most likely pass to her family, parents, siblings, children. The court would have to make this determination. This is the law in florida which is why I suggest that you contact an attorney in your area. What I am sure of is that the money in your father's name is his and he does not have to pay anyone anything.

Re: legal responsibility of surviving domestic partner

The answer to your question depends on the laws of your state and its Probate Code. Your father should immediately consult with a qualified estates lawyer. He may not be entitled to be appointed as the Executor for his partner, or he may be so entitled. The Executor's job is to administer the estate of the deceased in accordance with the laws of her state.