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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37803
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was engaged when my fiance died. im curious about next of

Customer Question

hi,
JA: Hello. How can we be of help?
Customer: i was engaged when my fiance died. im curious about next of kin(who is his mother) vs me, his fiance in regards ***** ***** things... we had a life together, build a life together, lived together.... its been over a year, they have not collected anything... ive made many offers for months! do i have a leg to stand on in regards ***** ***** things in my (our) house?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california its only his belongings.... not real estate
JA: Has anything been filed or reported?
Customer: for what? not sure i understand the question
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, nothing that i can think of that is useful...
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

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 research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you talking about personal property like things in the home?

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Have you sent her any written notice that if she doesn't come claim his property you will consider it abandoned?

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thanks

Barrister

Customer: replied 8 months ago.
hello
and yes, i am talking about personal affects in the home. we only communicate by text... i've tried for months to get together to give them his things.... the things they have requested. I am to the point where i want to have everything except the items i want to keep out of the house. They have asked me to not sell anything, stating they want everything. and because we werent legally married, keep throwing the "next of kin" bullshit in my face. So, before i recommend they get a lawyer i want to make sure i am making a smart decision.
I finally gave her an ultimatum stating that they have until the end of the year to collect his things.. i didnt hear back from her until yesterday. She asked for a weekend in january, i recommended jan 7. they are coming on january 8... but, there are things i do not want to give them because they are part of my household. Do they have a right to take them?
Expert:  Barrister replied 8 months ago.

Ok, from a purely legal perspective, they are correct that you wouldn't have any right to inherit from his estate. If there are things that you both bought together and paid for together, then you can refuse to surrender those items unless they compensate you for what your investment is. However, if you send them a written notice giving them a reasonable amount of time to get his things, maybe 20 days, after which you will consider them abandoned and dispose of them, then if they don't do so, you can do whatever you want with them.

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But you have to create a paper trail, as in sending her a certified letter so you have proof that she got it. The texts are useful if they ever tried to take any legal action, which is pretty unlikely if they haven't bothered to claim his things after a year, but a certified letter carries more weight.

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thanks

Barrister

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Customer: replied 8 months ago.
Thankyou. Useful information for sure. Wish I would have sent a written request. . Hindsight is 20/20.
Expert:  Barrister replied 8 months ago.

You are very welcome. Glad to help any time.. Just remember that you have a herd of attorneys who independently contract with JustAnswer that are pretty much always available to answer legal questions for customers on virtually any topic...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister