Does a life partner have any legal claim to their deceased’s partners estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a life partner have any legal claim to their deceased’s partners estate?
My brother passed away last year; he was not married but did have a life partner. There was a Will but it was not signed. I, along with my younger brother, are the executors of the estate. My brother purchased a modular home and it was setup on land that he already owned. The land and house were in his name only. My brother made payments but his partner says that he paid off the loan on the house. Does he have any legal claim to ownership of the house?
Asked on February 8, 2012 under Estate Planning, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the life partner was not in your brother's Will or trust as a named beneficiary or was on legal title to any brokerage accounts or real property, the life partner has no legal entitlement to any assets of your brother's estate.
The only proviso would be if this partner can prove that actual payments on the loan to the house were made by this person. If so, the life partner may have an equitable claim for reimbursement for pay off of the loan.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.