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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 35004
Experience:  12+ yrs. of experience including estate law.
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My boyfriend of 19 years passed away. He left me a specific

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My boyfriend of 19 years passed away. He left me a specific sum of money with the remainder going to his two children and college. We never lived together, however, we did spend a lot of time together. After such a lengthy relationship, do I have any claim to any of his assets. He left me $100,000 of an over two million dollar estate.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Customer: replied 1 month ago.
Thank you.

I am sorry for your recent loss.

If you were not married? Then you would not have any right to an automatic portion of his estate.

CO law dose have a process for a widow or widower to claim a portion of the estate, but this would not apply if there was no marriage.

Again, I am sorry for your loss

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 month ago.
We were not married and that is what I thought but just wanted verification. Thank you for your speedy response.
Customer: replied 1 month ago.
The deceased had a $30,000 judgment against me even though he bequeathed me $100,000. Since his trustees have decided to collect on the judgment, can they take that out of the $100,000 automatically or will they need to pay the $100,000 and then initiate collection of the $30,000?

The trust is separate and distinct from the estate...why are the trustees involved in this at all? Are they also serving as executor for probate?

Customer: replied 1 month ago.
the trustees are also executors of the estate and they say the judgment is an asset of the estate so they want to deduct the amount of the judgment from the $100,000 that was bequeathed to me. I will have to pay it but would prefer to get the $100,000 and then try to settle for a lesser amount on the judgment since I actually only owed $8,000 to the deceased.

Thank you

They way they are proposing (they collect the debt THEN they pay the gift) is the proper way to settle the estate. One of the duties of the executor is to collect all debts associated with the estate. This must happen BEFORE they pay the heirs to the estate. So they need to collect the money you owe before they will pay you...that is the proper sequence for administering an estate.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can demand they pay you the gift before you pay your debt, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 month ago.
I fully understand. I just wanted to know how it would work. I appreciate the information! One last question. Is the $100,000 taxable to me? Or will the remainder that I receive be taxable? Thank you for your help!

NO...it is NOT taxable to you. The tax, if any, would be paid by the estate.

Customer: replied 1 month ago.
That's great news! At least he left me enough to satisfy the debt and have a little left over! I can't complain about that! You have been a big help and I do appreciate it!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

Customer: replied 1 month ago.
I want to add another tip but can't find where to do that. ??

Ahh...thanks for that :). I have no idea (I am a user of the website like you...so I have not input into the billing), but take that money and send it toward Hurricane Relief...the fact you were planning to give to me warms my heart!

Customer: replied 1 month ago.
I will do that! I am originally from the coast of Mississippi so I know first hand the struggles they are going through!

:)