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I have lived with a man for 10 years. He recently passed…

Customer Question
I have lived with...

I have lived with a man for 10 years. He recently passed away with out a will. He is a beneficiary of a family trust. He receives monthly disbursements. He has one adult child. Do I have any legal claim to a part of it.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Utah

Lawyer's Assistant: What documents or supporting evidence do you have?

I really haven't looked through any papers yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this point. Thank you

Submitted: 8 months ago.Category: Estate Law
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Answered in 5 minutes by:
11/14/2017
Estate Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,541
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Unfortunately no. If he was a beneficiary of a family trust, then unless you also are named as a beneficiary, then when he passed the payments stop. The trust owns the money that was being paid out until it is actually delivered and the trustee has a duty to follow the terms of the trust with regard to who receives money from it.

.

As for his estate, you could possibly have a claim to any estate assets if you considered each other to be common law married. Basically if you treated each other as though you were married (i.e. combined assets, filed taxes together, had joint bank accounts) and presented yourselves to others as a married couple, then you could claim spousal status and receive a share of his estate.

.

You would need to sit down with a local probate law attorney to discuss filing a claim based on common law status..

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Will his child automatically receive the disbursement?
Estate Lawyer: Barrister, Attorney replied 8 months ago

There is no way of knowing as the trust determines that and trusts are confidential and only available to the beneficiaries. You could ask the trustee for that information, but they wouldn't be under any obligation to tell you due to confidentiality rules..

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Estate Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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