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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23415
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My fiance just died he has no children what rights do I have

Customer Question

My fiance just died he has no children what rights do I have as his fiance do I have.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Yes he did not have a will
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 months ago.

Good morning. I am sorry to hear about his passing and understand this tough time. Did he have a will? Was your name on anything?

Customer: replied 3 months ago.
He did not have a will we shared a home for eight years there were Bill in my name as well as in his name he managed all the bills
Expert:  FamilyAnswer replied 3 months ago.

Thank you for the additional information. Massachusetts does not recognize any rights for a couple who cohabit without marriage. If one partner dies, there is no right to inherit from the estate. Massachusetts does not allow common law marriage so no matter how long a couple live together, cohabitation won't ever change into a marriage without performing a wedding ceremony. This is why I asked if anything was in writing, such as a contract or you were in his will, since that would give you a legal right to whatever was agreed upon or devised to you. However, sharing the home and bills in your name, would not give you an ownership interest in the home, unless you were on title.

Customer: replied 3 months ago.
has no life insurance policy but he owns a home do to my college loans my name is ***** ***** our house we were getting married this year
Expert:  FamilyAnswer replied 3 months ago.

Can you show and produce anything to support a shared ownership interest in the home?

Customer: replied 3 months ago.
Need know were to begin I have his family support
Expert:  FamilyAnswer replied 3 months ago.

As I shared above, being engaged without being legally married, would not provide you any rights, under the law, unless there was a contract entered into, by you and him, prior to his passing. As such, his estate will go to his heirs, so if he had children, it would pass to them and/or other family members.

Expert:  FamilyAnswer replied 3 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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