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