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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been living with my boyfriend for a little over a

Customer Question

I have been living with my boyfriend for a little over a year, he was in the process of a divorce during this time. Prior to this the estrange wife filed a quit claim to his property. My question is who would be the rightful heir? He has grand children through marriage but no blood children, What kind of say do I or his step daughter have?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Wyoming
JA: Have you talked to a lawyer yet?
Customer: That is what I thought I was doing
JA: Anything else you think the lawyer should know?
Customer: Personally I want to know if I have any rights
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

As the girlfriend, you have no legal ownership or inheritance right to the property UNLESS he has a will and leaves the property to you in that document.

Expert:  Roger replied 1 year ago.

So, who the rightful heir is would depend on what your boyfriend's will says.

Expert:  Roger replied 1 year ago.

But, if there is no will, then intestate succession would govern who inherits......and that is going to leave the property to the closest next of kin.

Customer: replied 1 year ago.
He has no will, would a step child be considered an heir?
Expert:  Roger replied 1 year ago.

No, a step-child has no right to inherit unless he leaves the property to the step child in a will.

Customer: replied 1 year ago.
who gets the property if the wife has signed a quit claim
Customer: replied 1 year ago.
would a sister or mother?
Expert:  Roger replied 1 year ago.

If he and his current wife happened to be married at the time of his death, then she would inherit as his next of kin. But, if they are divorced at that time, then his next of kin would inherit --- that would be his children, and if no children his parents or siblings, and if they aren't living, his nieces and nephews.

Customer: replied 1 year ago.
Is there any loopholes that the property could go to a family member since they were in the middle of a divorce and not a nice one. She laughed off medeation and he is now been considered incompetent by two doctors.
Expert:  Roger replied 1 year ago.

He can make a will and leave the property to whomever he wishes.

Expert:  Roger replied 1 year ago.

IF he and his current wife are divorced at the time of death, his current wfe would have no claim. But, if they are married, his wife would still have a right to claim ownership of the property.

Customer: replied 1 year ago.
as the live in girlfriend an tenant what rights do I have?
Expert:  Roger replied 1 year ago.
You don't have any ownership rights to the property unless you're added to the deed or unless the property is left to you in his will (if he gets one).
Expert:  Roger replied 1 year ago.
As a tenant, if there's no lease, you'd be month-to-month, meaning that the owner of the property can cancel your tenancy with 1 months notice.
Expert:  Roger replied 1 year ago.
If he wants you to have the property, he needs to either add you to the deed or make a will and leave the property to you to ensure that happens.