My dad passed away with no will. His girlfriends name is on his mortgage as co-borrower. Is she automatically entitled to everything he owned?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My dad passed away with no will. His girlfriends name is on his mortgage as co-borrower. Is she automatically entitled to everything he owned?
My dad passed away with no will. His
girlfriends name is on his mortgage
as co-borrower. Is she automatically
entitled to everything he owned?
Asked on April 5, 2017 under Estate Planning, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, she is not entitled to all of your father's assets. Since your father died "intestate" (i.e. without a Will), his estate will be distributed according to state intestacy laws. Typically, is such as case, the deceased's estate is divided between their spouse, if any, and their children. A girlfriend would have no legal standing as an heir. As to the house, that is a different matter. If she co-owns the home with "rights of survivorship (this designation must be worded as such on the deed), then upon your father's death, she became vested with 100% ownership. If, however, the deed did not specify survivorship rights, then the law will presume that she is a "tenant in common". This means that your father's 50% share of the house is now a part of his estate, so it will be distributed as all the rest of your father's property (both real and personal).
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.