Fiance passed away, what are my rights?

[puppylove_rb]

What is the name of your state? Indiana

My fiance, and partner of 7 years (5 of them living together) has passed away and his family is no longer speaking to me, as well as saying they do not have control of his estate belongings (and that I do). Can they take his belongings from my house, which is owned by me alone? They also have approximately a $3,000,000 trust in his name, do I have any rights to it? I want to A) protect my belongings, his belongings in my possession, or anything we bought together. B)Of course any financial support would be nice, but not my primary concern.

Regards,
G

 

[BelizeBreeze]

What is the name of your state? Indiana

My fiance, and partner of 7 years (5 of them living together) has passed away and his family is no longer speaking to me, as well as saying they do not have control of his estate belongings (and that I do). Can they take his belongings from my house, which is owned by me alone? They also have approximately a $3,000,000 trust in his name, do I have any rights to it? I want to A) protect my belongings, his belongings in my possession, or anything we bought together. B)Of course any financial support would be nice, but not my primary concern.

Regards,
G

You have no rights to anything that you can't prove you purchased or have ownership in.

 

[Dandy Don]

You need to be consulting a trust attorney to find out if your state allows you or your attorney to send the trustee a certified letter to ask for a copy of the trust and an accounting statement, to find out IF you are named as a beneficiary in the trust (and you have the right to receive a copy only IF you are named as a beneficiary). Did your fiance discuss any matters with you regarding his estate? Check at the county courthouse to see if they have filed the will, IF he left one, to see if you are named as a beneficiary in that, but he may have put all assets into the estate.

The family may be speaking incorrectly, out of ignorance, or they may be trying to deliberately mislead you. Normally only the next-of-kin has rights to his property if he did not leave a will.

DANDY DON IN OKLAHOMA

 

[BelizeBreeze]

Oh brother!

 

[GatorLaw]

Let me start by thanking you for posing a question, and not just a story.

Your state generally will have statute that designates who receives an estate when the person dies intestate (fancy word for without a will). Being a fiance, you really have no legal relationship with him. You will not likely be entitled to anything of his, or his trust.

What you can do:
- keep the property and hope the heir does not sue for it. The property becomes yours after 10 years in Indiana. (Adverse Possession).

They can only take the property from your house that he owned. Any property that you jointly owned would likely need to be split between you and his estate.

 

[BelizeBreeze]

What you can do:
- keep the property and hope the heir does not sue for it. The property becomes yours after 10 years in Indiana. (Adverse Possession).
.

Hey genuis, read the post again. SHE owns the home

 

[GatorLaw]

Hey genuis, read the post again. SHE owns the home

My genius shines you are allowed to adversely possess chattels (personal property) which is what I was referring to. Not the real property.

 

[BelizeBreeze]

My genius shines you are allowed to adversely possess chattels (personal property) which is what I was referring to. Not the real property.

then post here for this person the exact INDIANA statute which allows her to criminally convert an asset not her own personal property.

 

[GatorLaw]

then post here for this person the exact INDIANA statute which allows her to criminally convert an asset not her own personal property.

34-11-1-2. General statute of limitations.

(a) A cause of action that:

(1) arises on or after September 1, 1982; and

(2) is not limited by any other statute;

must be brought within ten (10) years.

This would be the statute of limitations on Detinue or Trover. Specific enough for you?

 

[BelizeBreeze]

34-11-1-2. General statute of limitations.

(a) A cause of action that:

(1) arises on or after September 1, 1982; and

(2) is not limited by any other statute;

must be brought within ten (10) years.

This would be the statute of limitations on Detinue or Trover. Specific enough for you?

what the hell does this have to do with your false advice regarding chattels and her imagined right of adverse possession?

There is no security interest in the personal items or are you just pulling this crap out of your ass? I strongly suggest you read IC 26-1-9.1.

 

[GatorLaw]

what the hell does this have to do with your false advice regarding chattels and her imagined right of adverse possession?

There is no security interest in the personal items or are you just pulling this crap out of your ass? I strongly suggest you read IC 26-1-9.1 .

Seriously, calm down. While I am not a lawyer, and I'm not giving legal advice, I could very well be wrong, I do have some things that support my position of adverse possession. For example, applying Indiana law:
Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg and Feldman Fine Arts, Inc.
917 F.2d 278

While you may end up liable for damages if you do not give up the property, you can also risk just keeping it and after 10 years, it will become yours. Indiana applies the right of discovery for adverse possession of chattels, (according to the casebook infront of me). She could be sued for replevin and she'll lose the property. Of course if they don't sue, its her property after 10 years. Statute of limitations on causes of action silly, thats what that statute is for. No cause of action, no ability to regain the property, ta da.

 

[GatorLaw]

Nothing but love for you BelizeBreeze, but there is actually quite a lot of support for my claim.

34-11-2-4 Injury or forfeiture of penalty actions
Sec. 4. An action for:

(1) injury to person or character,
(2) injury to personal property; or
(3) a forfeiture of penalty given by statute;

must be commenced within two (2) years after the cause of action accrues.

>>34-11-2-7 Six year limitation


Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues:

(1) Actions on accounts and contracts not in writing.
(2) Actions for use, rents, and profits of real property.
(3) Actions for injuries to property other than personal property, damages for detention of personal property and for recovering possession of personal property.
(4) Actions for relief against frauds.

Its 6 years, not 10. My mistake. Recent case:

Estate of Verdak v. Butler University, 856 N.E.2d 126 (Ind.App.,2006)

 

[Zigner]

Maybe my small little brain is confused by all this fancy lawyer talk...
But what does all your civil ranting have to do with the CRIMINAL CONVERSION that you are advising this person to commit?

 

[BelizeBreeze]

Maybe my small little brain is confused by all this fancy lawyer talk...
But what does all your civil ranting have to do with the CRIMINAL CONVERSION that you are advising this person to commit?

Nothing whatsoever. I bet this idiot doesn't even know how this poster's state handles 'Discovery Rule' cases