Phoenix, AZ asked in Estate Planning and Probate for Arizona

Q: My domestic partner of 15 years justpassed and his daughter who doesn’t even live in this state is taking over my home.

How can I obtain legal rights to stay in my home for 6 mos

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1 Lawyer Answer
Marcus N. Seiter
Marcus N. Seiter
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any rights in this home for you? (3) Was there any type of agreement in place between you like a lease?

If the home was titled to your partner as your partner's sole and separate property, then you might not have any rights to the home beyond a 30-day implied lease unless your partner left a valid testamentary document giving you some rights beyond that. If your partner did not leave any such valid document behind, then the home will be subject to probate and the laws of intestacy. Those laws only provide rights to individuals in a specific order of priority, who are related by blood or marriage to the person who died.

Unfortunately, this type of result can seem very unfair and have very harsh financial consequences on for the surviving unmarried partner.

You should consult a local attorney who practices in the areas of probate and estate administration right away.

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