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my dads stuff in his apartment

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timeload33

Junior Member
i'm in WI. my father dies in April of a heart attack. his place was in his name alone as well as all the household bills, he had a longtime girlfriend who lived with him, she is laying claim to all of the household furniture, doesn't it belong to me and my sister as his only heirs?
 


sandyclaus

Senior Member
i'm in WI. my father dies in April of a heart attack. his place was in his name alone as well as all the household bills, he had a longtime girlfriend who lived with him, she is laying claim to all of the household furniture, doesn't it belong to me and my sister as his only heirs?
You might, if you can prove that it all belonged to your Dad at the time of his death, and he doesn't have a will that gives these items to someone else, and there are no other heirs that would be entitled to them.

Who is handing your father's estate?
 

timeload33

Junior Member
I am, it is in the middle of the probate process right now. I am taking her to small claims court to recover what I can. he had a car in his name that she is also refusing to let me have( I have put it in my name already). I'm just trying to get a feel of how the courts might rule.

I have been told that if someones name is on the lease everything inside is assumed to be theirs.
 

sandyclaus

Senior Member
I am, it is in the middle of the probate process right now. I am taking her to small claims court to recover what I can. he had a car in his name that she is also refusing to let me have( I have put it in my name already). I'm just trying to get a feel of how the courts might rule.

I have been told that if someones name is on the lease everything inside is assumed to be theirs.
You've been told wrong. Just because someone owns a lease doesn't necessarily make then the owner of everything inside the rented premises. Consider if several people lived in the place - unrelated, maybe friends. By your logic, your dad would own EVERYONE's stuff, not just what he could prove was his.
 

timeload33

Junior Member
How do I prove that the stuff belongs to my father? I have an statement from the landlord that my dad had different people living there from time to time .
 

Ohiogal

Queen Bee
How do I prove that the stuff belongs to my father? I have an statement from the landlord that my dad had different people living there from time to time .
You would need receipts/deeds/ownership documentation of all items that are in dispute as to who owns them. That is a start.
 

timeload33

Junior Member
You would need receipts/deeds/ownership documentation of all items that are in dispute as to who owns them. That is a start.
no deed to a chair:p receipts would be hard to come by as she still lives in that apartment she would have destroyed them, then again she also has no proof of ownership I guess the courts will have to settle this and I'll have to smear her as much as I can :rolleyes: oh well I still get the car.:D

as you can tell no love lost, she was in prison for 2 years wouldn't that make anything she left there my dads property?
 
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timeload33

Junior Member
car

I have answered my own question as to the car- if it was forged then she goes down as an accessory either before or after the fact- and being as she has said nothing for well over 3 years it would imply an agreement between her and my father which would be a conspiracy to commit title fraud.

I can prove through court records that my father lived there a full 2 years before she moved. it would be reasonable to believe that he had a completed house before she moved in. at bare minimum it should be a 50/50 split.
 

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