Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My partner for 25 years ha passed away and we were not

Customer Question
legally married. we have life...
my partner for 25 years ha passed away and we were not legally married. we have life insurance policies for each other and I will need a death certificate in New york state. what do I need to do to get the death certificate if his daughter refused to give me a copy
JA: What state are you in? It matters because laws vary by location.
Customer: new york
JA: Has anything been filed or reported?
Customer: not yet. he just passed tuesday, I dont know what the process is
JA: Anything else you want the lawyer to know before I connect you?
Customer: also we co own a property together, he has 3 children and i wanted to know can they take a legal action against me?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/11/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about your loss. You have a right to request a copy of the death certificate even if you are not family. You can get this document if you are: The spouse, parent, child or sibling of the deceased, OR, Other persons who have a: documented lawful right or claim, documented medical need, or New York State Court Order.

Someone in your situation fall under "documented lawful right or claim."

You can order a copy from the NY Dept of Public Health by mail, internet, or telephone - see HERE.

Can who take legal action against you? The daughter? I do not see how. Life insurance policy is OUTSIDE of probate, so his surviving family does not have a claim to it even if they were not included.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ask Your Own Legal Question
Customer reply replied 1 year ago
what about the property we own together? It is a co-op we had for 7 years and is my primary residence,
Lawyer: Ely, Counselor at Law replied 1 year ago
1) Whose name is ***** *****?
2) Did you purchase it together? Or was yours/his name added later?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Legal Question
Customer reply replied 1 year ago
we purchased it together both of our names are ***** ***** property but I paid the down payment and paid off the mortgage and I continue to pay the maintenance
Lawyer: Ely, Counselor at Law replied 1 year ago
Thank you.
Are you JOINT TENANTS or TENANTS IN COMMON? Check the deed and also see here:
nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/ConcurrentOwnership/JointTenancy.asp
If you are joint tenants, then his interest is "absorbed" by you at time of his passing, meaning his 1/2 does not go to his family.
If you are tenants in common, then 1/2 of the property is divided between his family (or, if he had a Will, it goes to whoever is mentioned as the beneficiary in the Will). If so, then you may end up being co-owners with someone from his family. IF SO, then if the parties cannot get along, EITHER party can ask for a PARTITION from the Court (request to buy the other party out or to sell the property and split the proceeds by interest).
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Legal Question
Customer reply replied 1 year ago
according to the mortgage agreement it is listed s joint tenants. what will I need to do to release his name off of the property?
Lawyer: Ely, Counselor at Law replied 1 year ago
Okay. You want to make sure you are JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. This is important. If not sure, you may have to have an attorney review the documents.
If so, then the joint tenant may remove the name by taking a death certificate to the document public land records office, showing that one joint owner has died and that the surviving co-owner (i.e. you) is now the sole owner of the property. HOWEVER, this is complicated by the fact that his family may file probate, in which case his name may be taken off by the Executor. It all depends on many nuances.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Legal Question
Customer reply replied 1 year ago
he wrote a document when he was sick stating his wishes if he passed. it was not notarized or legally binding. the money he left is in my name and bank accounts. under the circumstances with the children what do I need to do and legally does this letter have any standing?
Lawyer: Ely, Counselor at Law replied 1 year ago
Does that document have TWO WITNESSES that signed it as well?
If it does, then it may be a valid will. If it does not, it is not a valid will, arguably.
Regardless, the money in a bank account shared by someone else typically does NOT fall under the will, and most of the time the bank simply takes his name off the account.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Legal Question
Customer reply replied 1 year ago
there are no witness who signed the socument and the bank account is in my name only,
Lawyer: Ely, Counselor at Law replied 1 year ago

Then, the Will is not valid.

And no, the family cannot come after you - it is your money, not his.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Ask Your Own Legal Question
Lawyer: Ely, Counselor at Law replied 1 year ago
Here is a summary of our conversation:
-bank accounts in your name only are not liable to be "grabbed" by probate action
-if you and he held property together as joint tenants, the property may be yours wholly. If the property was held as tenants in common, his 1/2 will go to his heirs.
-a non-witness document does not satisfy requirements of a valid Will
-insurance policy is outside probate and cannot be touched by them
-you can request a copy of the death certificate even if not family
Good luck.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ask Your Own Legal Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
102,680 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,680 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My wife and I were talking life insurance policies, should
John, My wife and I were talking life insurance policies, should something happen, can we have the money put into a trust with a controlled yearly withdrawal so it will last longer?… read more
John
John
Attorney
Doctoral Degree
5,761 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
I had univer. Life insur policy for 24 yrs The company tells
I had univer. Life insur policy for 24 yrs The company tells me that its not performing and want pay out,and I should apply for lesser policy (50,000) … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
My ex husband left me as beneficiary on his life insurance
my ex husband left me as beneficiary on his life insurance (2 claims) and his 401k. I was married to him 12 years. his new wife of two years was not left on anything and there was no will. Now nationw… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
My husbands life insurance policy was canceled from FARMERS
Second opinion] My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
My husbands life insurance policy was canceled from FARMERS
My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I had put into the… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
My former husband and I purchased a life insurance policy
My former husband and I purchased a life insurance policy for me and our baby son as beneficiaries. Prudential refused to pay and falsely interpleadef the case in Louisiana, instead of Colorado where … read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers
What is going to happen regarding a missing life insurance
What is going to happen regarding a missing life insurance beneficiary? My mom passed away 3 weeks ago/ She lived with us for the last 21 years and we home hospiced her. Well, she told me that she had… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
My father's life insurance company is telling me his policy
My father's life insurance company is telling me his policy was cancelled and that they refunded him his last payment. That's not true according to his bank statement. Earlier they were telling me his… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are senior, no assets, only life insurance policies, all
Hi, we are senior, no assets, only life insurance policies, all beneficiaries are in order, is there a need for a will? car is leased. thank you … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
My father has a life insurance policy through his company he
My father has a life insurance policy through his company he retired from and he recently died. The insurance company says it has no beneficiaries listed. They send a claim form that ask for linage in… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question regarding life insurance policy. Texas. My
Hello Hi. I have a question regarding life insurance policy … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Husband failed to change beneficiary of life insurance
Second opinion] Husband failed to change beneficiary of life insurance policy, bought during 14 year marriage to first wife, when he remarried. He continued to pay premiums during 53 year marriage to … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
My wife and I had whole life insurance policy, with
My wife and I had whole life insurance policy, with automatic payments made every month, for over 20 years. The company changed our payment amount due, without any notification. Our bank did not honor… read more
Ely
Ely
Counselor at Law
102,680 satisfied customers
What if there is a life insurance policy on someone and no
What if there is a life insurance policy on someone and no beneficiary is assigned? Who gets the money? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
Does the owner of a life insurance policy wishes take
does the owner of a life insurance policy wishes take precedence over a designated beneficiary when he states in his will that he wants the policy to be distributed to his estate.but beneficiary wont … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,818 satisfied customers
I am only beneficiary on term life insurance policy. There
I am only beneficiary on term life insurance policy. There are 3 sons , I need hippa authorization and they will not give it. How can I obtain it . Do I have any options? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x