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AV Preeminent Peer Rated Attorneys
Newberry Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Newberry Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 3720 N.W. 43rd St, Ste 101, Gainesville, FL 32606

  • 507 NW 60th St., Ste. D, Gainesville, FL 32607

  • 1511 Northwest 6th Street, Gainesville, FL 32601

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  • 204 W. University Ave., Gainesville, FL 32602

  • 309 N.E. First Street, Gainesville, FL 32601

  • 3615-B N.W. 13th St., Gainesville, FL 32609

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What rights do I have to my life partners estate? How?

Answered by attorney Bernard H. Greenberg
Estate Planning lawyer at Kokish & Goldmanis, P.C.
You may have rights however there are time limits. Visit with an attorney who specializes in estates and estate litigation immediately.
You may have rights however there are time limits. Visit with an attorney who specializes in estates and estate litigation immediately.

What rights do I have to my life partners estate? How?

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Answered by attorney Ronald Karl Nims (Unclaimed Profile)
Estate Planning lawyer at Ronald K. Nims
As a life partner, you have no right to any of his property. However regardless of your relationship, you're owner of 1/2 of property that you bought together UNLESS it's property with express ownership, then the title or contract controls ownership (motor vehicles, bank accounts, etc. have express ownership). So if you bought a $5,000 living room suite together, you have the ownership of 1/2 of the items. This is referred to as "tenants in common". He used to own the other 1/2 now it's owned by his estate. The first problem is whether you or his mother, can prove who bought it. Obviously, if it's on your credit card statement it appears that you own it completely but if he wrote you a check the next day for 1/2 the purchase price, then that's evidence that it was bought together. Lay persons often say "Possession is nine-tenths of the law." That's not strictly true but lawyers say, "The possessor's claim is valid against everyone except the actual owner."The effect is that if you have possession, then the assumption is that you own it 100% until his mother can prove that her son owned it or it was jointly owned. With no receipt, that is a daunting prospect. There is often evidence that can be considered, did you have it insured? Did he have it insured? Is there written evidence which addresses ownership? For example, a letter or note? She can say that her son owned it, but you can say you owned it, so that won't settle anything. But insurance and belief that someone owned it only go so far, for example, if you now have a $10,000 Rolex, it was stolen from an unknown person and your partner paid $2,000 for it in a shady transaction. In that case, the true owner is unknown, so even if his mother can prove her son bought it, he wasn't the true owner, so she can't take it from you. My advise is change the locks and don't let them in to take anything. If the demand things, ask them to write a list that specifically identifies the items that they want (this has the advantage of 1. letting you know what they want and 2. anything they don't put on this is de facto yours, if they come back later and ask for other items, it looks like they're lying). Once you know what they are asking for, you can decide which things you're willing to give them (do you really want his old clothes, etc.?), which that you want things you can prove are yours and which things that you want but have no evidence for. Then tell them that you believe you own all the things you want and ask them why they think that he owned them. If the answer is "that clock is a family heirloom that grandfather built in 1932 and we've got pictures showing it in his house from the 1950s" then give up that item. Otherwise, tell them that they can see you in court.
As a life partner, you have no right to any of his property. However regardless of your relationship, you're owner of 1/2 of property that you bought together UNLESS it's property with express ownership, then the title or contract controls ownership (motor vehicles, bank accounts, etc. have express ownership). So if you bought a $5,000 living room suite together, you have the ownership of 1/2 of the items. This is referred to as "tenants in common". He used to own the other 1/2 now it's owned by his estate. The first problem is whether you or his mother, can prove who bought it. Obviously, if it's on your credit card statement it appears that you own it completely but if he wrote you a check the next day for 1/2 the purchase price, then that's evidence that it was bought together. Lay persons often say "Possession is nine-tenths of the law." That's not strictly true but lawyers say, "The possessor's claim is valid against everyone except the actual owner."The effect is that if you have possession, then the assumption is that you own it 100% until his mother can prove that her son owned it or it was jointly owned. With no receipt, that is a daunting prospect. There is often evidence that can be considered, did you have it insured? Did he have it insured? Is there written evidence which addresses ownership? For example, a letter or note? She can say that her son owned it, but you can say you owned it, so that won't settle anything. But insurance and belief that someone owned it only go so far, for example, if you now have a $10,000 Rolex, it was stolen from an unknown person and your partner paid $2,000 for it in a shady transaction. In that case, the true owner is unknown, so even if his mother can prove her son bought it, he wasn't the true owner, so she can't take it from you. My advise is change the locks and don't let them in to take anything. If the demand things, ask them to write a list that specifically identifies the items that they want (this has the advantage of 1. letting you know what they want and 2. anything they don't put on this is de facto yours, if they come back later and ask for other items, it looks like they're lying). Once you know what they are asking for, you can decide which things you're willing to give them (do you really want his old clothes, etc.?), which that you want things you can prove are yours and which things that you want but have no evidence for. Then tell them that you believe you own all the things you want and ask them why they think that he owned them. If the answer is "that clock is a family heirloom that grandfather built in 1932 and we've got pictures showing it in his house from the 1950s" then give up that item. Otherwise, tell them that they can see you in court.
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If the power of attorney expires when my father passed away, who is to sign the quick claim deed to transfer my father’s home ownership and title?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
More information is needed to answer your question. WHAT Quit Claim Deed are you referring to? The one that your father should have already had his attorney prepare? Or the Personal Representative Deed that the Personal Representative would need to sign once an estate is open? It sounds like your father has been possibly trying to do his estate planning on his own or on the cheap. If that is the case, then he needs to meet with an estate planning attorney as soon as possible.
More information is needed to answer your question. WHAT Quit Claim Deed are you referring to? The one that your father should have already had his attorney prepare? Or the Personal Representative Deed that the Personal Representative would need to sign once an estate is open? It sounds like your father has been possibly trying to do his estate planning on his own or on the cheap. If that is the case, then he needs to meet with an estate planning attorney as soon as possible.
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