Q: Can a child of the deceased get the deceased assets, if the assets are with deceased significant other and have no title
My mother's boyfriend of 20+ years died unexpectedly. His son, who has only been coming around in the last few years is filing probate. My mother owns the house they shared, but his son made a list of assets of items they shared together, but came from his family to submit in court. There are no receipts or titles to show proof of ownership. My mother wasn't even told that probate was filed and a list of assets was made, despite the fact that everything on the list is on her property. Can his son get any of the items on the list that do not have a title or even a receipt?
A: Evidence and testimony would be presented to the probate court for the court to determine what property the deceased owned, and what should be distributed to his beneficiaries. If the son can provide evidence of things that came from his father's family, then the court can determine those are estate assets that belong to him. Since those items are unlikely to have a title or receipt, the court would rely on testimony of the son and other family members. Your mother could use the Find a Lawyer tab to retain a local probate attorney to represent her at probate court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
