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I lived with my boyfriend 2 years got engaged to marry in…

I lived with my...

I lived with my boyfriend 2 years got engaged to marry in June giving us 3 plus years living together. He has three adult 30 ish children and a 401 k no beneficiary listed am I entitled at all

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No his children have taken everything in his name and his work says I could be entitled he just passed on the 10 th of march

Lawyer's Assistant: Family law varies by state. What state are you in?

Washington

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

Not that I can think of niw

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Customer reply replied 5 months ago
It said 8 minutes I don’t see any answer. What is regular time frame
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Customer reply replied 5 months ago
I’m sorry the written answer would be best I skip phone call please in writing I hit wrong button looking for answer
Answered in 5 hours by:
3/17/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 187
Experience: Attorney
Verified

Hello I would be happy to answer your question.

First, let me say I am so sorry for your loss. Now to your first question, whether you were entitled to any of his 401k? I am going to make some assumptions. i am assuming he died without a will. If so then it is unlikely that you are entitled to anything. When someone dies without a will then they are considered to have died "intestate", and that means that instead of the will instructing how their property and assets should be distributed, the state that they live in has to figure it out and make that determination. WA already has laws determining how property will be distributed when someone dies without a will and who is entitled to that property. Here it would only be his relatives (spouse, children, etc.) who are entitled to inherit.

You mentioned that you lived together, and I am going to assume that that time was all in WA. There are some states that recognize common law marriage. That is where you live together as husband and wife, publicly hold yourselves out as husband and wife, and do so for a certain period of time, usually three years or more. However, WA does not recognize common law marriage so even if you met those requirement you would not be considered married and therefore not be considered his spouse giving you any right to inherit from his estate. If my assumption is wrong and you both spent a couple of years together in another state that recognizes common law marriage, then possibly you may have created a common law marriage in that state.

Finally, addressing the lack of a beneficiary designation on his 401k. Generally, if there was a beneficiary designation on his 401k (to you or anyone else) that designation would supersede a will or intestate distribution, so the assets in the 401k would go to the beneficiary first whoever that is, same thing with beneficiaries on life insurance policies. But as you stated he did not assign a beneficiary.

So if you were not a spouse or other relative you would not be entitled to receive anything. And if there was not beneficiary designation on any of his assets, then those assets would just be distributed by the State since he did not have a will.

Again, I am so sorry for your loss. Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts.

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Customer reply replied 5 months ago
Do I literally need to let them come into my house and start taking like his pool table that he had when we met or just his vehicles and registered or titled items
Customer reply replied 5 months ago
Is a 403 b any different?
No. 403b, 401k, 457 are all just different types of retirement saving plans. They all rely on the beneficiary designation To dictate how funds are dispersed if the owner dies.
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Customer reply replied 5 months ago
Thank you and for items in my house do I need to worry give or because registration title etc I can keep or must give away. And items purchased together?

Any items that were solely owned by him would be part of his estate. Jointly owned items with you, you would still have an interest in those items. Unless we are talking about things that have significant value it is unlikely that a claim would be made on those items. And if a claim was made then it would be a matter of proving who owned what, which may be difficult. Most personal property is not titled, like a vehicle or like assets in a joint account making it difficult for his family to prove that he owned these items outright.

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Customer reply replied 5 months ago
Thank you for your response although I would have liked a different answer your response was professional and needed to help me get through things lawfully. Rating. Is it 1-10 with 10 being the highest rating. Then I give you a 10. Thank you

If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). It cost you nothing additionally to do so. The experts who answer your questions are independent contractors, and customer ratings are the only way we are compensated for our responses. Thanks, ***** ***** hope everything works out to your satisfaction.

N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 187
Experience: Attorney
Verified
N.Brown ESQ and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
they want his clothes and my dishes and his tools and s pool table he came with but gave to me when he first moved in actually brought it over for me before he moved in with me. Does that need to be given to his children
Customer reply replied 4 months ago
I have all registered items family heirlooms elk mounts guns hat collection jersey collection glass collection 4 sweatshirts 2 vehicles a Harley 2 guns 2 rhino gps which I bought for a gift and a barbecue grill chair ottoman pictures
Customer reply replied 4 months ago
Sorry items above are what I have already released to them as I now have restraining orders due to last weeks meeting with them I am attempting to see if I need to go thru more of what we put together as a home
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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