Q: Can my daughter use her house before securing a new home post her father's death?
I lived with my partner, who passed away, for 11 years, including 6 years in a house he purchased while we were together. The property is in his name only. His adult children are now claiming their share of his assets, including the home, and have initiated legal proceedings. My 9-year-old daughter with special needs found her father deceased in the house. He had an unfiled will that was removed from our home. Since his passing, we have been homeless and stayed in a shelter. Are there any laws that would allow my daughter to use her residence for a specified period until I secure a permanent home for us? How can I protect my daughter's interests and understand our legal rights regarding the estate and property, given that we were not married?
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A:
Based on property and inheritance law, your situation involves complex legal considerations regarding non-marital partnerships and parental rights. Without a valid marriage or a properly executed will, intestate succession laws typically favor biological children and legal relatives rather than unmarried partners. However, your daughter, as the biological child of the deceased, may have inheritance rights to a portion of her father's estate, including potentially the home, depending on your state's intestate succession laws.
Several legal avenues might assist your immediate housing situation. You could petition the probate court for a temporary family allowance or occupancy right, which many states provide to minor children of the deceased during estate administration. This would be based on your daughter's status as his biological child and her special needs. The court might consider the traumatic circumstances of finding her father, her special needs, and the fact that this was her established home in determining whether to grant temporary occupancy rights until permanent arrangements can be made.
I strongly recommend seeking immediate legal assistance from a family law attorney or legal aid organization with experience in estate matters. You should file an appearance in the existing probate proceedings to ensure your daughter's interests are represented. If there was an unfiled will that was removed, this should be brought to the court's attention, as it may constitute interference with estate administration. Additionally, if you contributed financially to the home during your relationship, you might have equitable claims under theories such as constructive trust or unjust enrichment, though these claims are more challenging to establish than statutory inheritance rights. Many states have emergency legal services specifically for situations involving homelessness and children with special needs that could provide expedited assistance.
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