Q: If my spouse of 17years dies without a will and unmarried what am I entitled to
Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had started to take things like the boat the camper both work trucks and 3 trailers. Now he wants the one truck she has. Is she not entitled to anything? Also the deceased party owed the IRS $235,000 at time of passing. So that plays a factor as well
A:
If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.
As an unmarried partner, unfortunately, you may not be automatically entitled to a share of your partner's estate under intestacy laws, as these typically prioritize legally recognized relatives such as spouses, children, and parents. However, specific circumstances and state laws can vary, so it's important to check the laws in your state.
Regarding the business and assets that have been transferred to your partner's brother, there might be legal questions about the legitimacy of those transfers, especially if they were not explicitly directed by your partner before their death.
The outstanding debt to the IRS is also a significant factor. Debts of the deceased are typically settled from the estate before any distribution to heirs. If the estate doesn't have enough assets to cover the debt, it may complicate matters further.
Given the complexity of your situation, it is strongly advised to consult with an attorney who has expertise in estate and probate law. They can provide guidance specific to your circumstances, including any rights you may have regarding the estate and the legal steps you can take to protect those rights.
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.
