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I am from the state of Ohio. My life's partner and I have…

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I am from the...

I am from the state of Ohio. My life's partner and I have been together since June 12, 1985. We have lived together since 1989. He has recently passed. We did not have any agreement as to how to handle the household goods. His daughter is now saying that I have no rights to the belongs inside the home. Do I have any recourse?

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

Ohio

Lawyer's Assistant: Has anything been filed or reported?

He has a will and a living trust. His daughter has reported his death to Social Security, Workers Comp. and banks, etc. I am not sure who else knows.

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

I just want to know if I have legal rights.

Submitted: 3 months ago.Category: Legal
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1/5/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

I am terribly sorry to hear of your loss compounded by the estate law issues.

Common law marriages entered into prior to October 1991 are valid; please see:

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-35.aspx

This means that if there was a common law marriage, the surviving spouse is entitled to inherit the spousal share.

If the will does not provide for a spousal share to be left, the surviving spouse may petition the probate court to be awarded the spousal share. If there are children outside of the marriage, the spousal share is the first $20,000 plus 50% of the remaining estate.

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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