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Probate and fiancee

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boogibson

Junior Member
What is the name of your state? Ohio

I was hoping that someone on these forums could help me. My mother's boyfriend passed away not long ago. They were previously married, got a divorce, and about a year later reconcilled. They have lived together for the last 2 1/2 years now and were in the process of planning their wedding. While married they purchased a house together and after the divorce my mother gave up her half of the house. My step-father had planned to put her name back on the house, but hadn't gotten around to it yet since he was waiting until after the marriage so he didn't have to change the paperwork again. He did leave her a life insurance policy and his 401k. Well, his brothers are insisting that the house is not hers and she has to vacate immediately. There was no will and my step-father had no children. Does she have any rights at all?? I don't know if the fact that they bought the house together and were planning on getting remarried makes any difference at all. The bank accounts and everything were in my step-fathers name only so she has no money and has to wait for the insurance policy to go through which will take some time. I am extremely worried about her and any advice that you can give me would be very much appreciated. Thank you.
 


CourtClerk

Senior Member
I don't see how your mother would have any rights to anything that belonged to her friend.

The house was his, so she has no right to it. She does get whatever he left her though, so she'll have to wait on the insurance and the 401K.
 

boogibson

Junior Member
Thank you for the reply. I was afraid that might be the case even thought they had originally bought the house together and were planning the wedding. This all happened so suddenly and no one even knew anything was wrong with my step-father. My mother is taking this very hard and now to lose her home that she had with him... It's sad that nothing can be done even when they would have been married very soon and the paperwork would have been done. Losing someone you love is hard enough, but to have that persons family turn greedy and say that you ment nothing is even worse. I would think that the courts would take into consideration that they were engaged and know that it was his wish to be with her. I guess not though.

Thanks again for the reply.
 

anteater

Senior Member
Still, it would not hurt for your mother to consult with an attorney. If nothing else, after living in the house for 2-1/2 years, the demand that she vacate immediately is likely to be nothing but huffing and puffing.
 

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