JV Gossett said:
my gay son died in texas and his partner has chosen to not let us have anything from the house they shared for twelve years. which i have already received advice on.i want my sons personal things but i rather do it peacefully if possible.my problem now is one of my daughters is planning to go against my wishes to try to get my sons things.she plans to write a threating letter of what we'll do if they do'nt cooperate with her. she says a sibbling has as much rights as the surviving parent! is this true?where do i stand in my rights?my gay son was never married nor had any children.i'm the only surviving parent but there is three surviving sibblings.
My response:
In terms of "survivorship", parents come first when a child dies, if that child has no children or wife. Your son's sisters would only have survivorship rights, in your son's specific circumstances, if you, as the parent, were no longer alive.
With your daughters and your son's "partner" competing with you, and trying or threatening to take matters into their own hands without following the rule of law, there's going to be big trouble for you ahead, and for them.
With these new circumstances, you need a Probate attorney now, more than ever.
Try to get your daughter off of her "high horse" and tell her to "chill out" - - that she can't just walk into someone's home without the law on her side - - that is, unless she's looking to get arrested, pay big money for an attorney, and then spend some time in jail, she had better watch her step, and just let you handle matters - - legally.
You need to find out if your son did, or did not, leave a Will. Since you didn't live with him, he could have made a Will in the last remaining days of his life. So, through your attorney, you'll be able to find this out.
You're welcome.
IAAL
[Edited by I AM ALWAYS LIABLE on 06-10-2001 at 05:51 PM]
