What rights do children have after parent dies?
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What rights do children have after parent dies?
My father passed away Sunday and his
girlfriend refuses to give any of his belongs or
anything to me and my siblings is there any
legal action that can be taken?
Asked on March 6, 2017 under Estate Planning, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you can sue her in chancery court (a part or division of county court) for an order requiring her to turn over his belongings and/or pay compensation for them. "Girlfriend" is not a legally recognized relationship for inheritance purposes: she is not entitled to any of his belongings or property unless and only if he willed them to her by a valid, propertly executed and witnessed, written will. Otherwise, as his children, his belongings will pass to you.
Of course, she can keep her own belongings; and she will have an interest in anything she can show was jointly purchased or owned by the two of them. (E.g. if they jointly bought $5,000 of furniture, TVs, etc., she has a half interest in them worth $2,500.)
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