If a home loan is an the name of a deceased person and that person had deeded the house to his fiancé, do his kids have the right to the contents of the home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a home loan is an the name of a deceased person and that person had deeded the house to his fiancé, do his kids have the right to the contents of the home?

The quit claim deed was filed with the registry of deeds and the fiance legally owns the house and us paying the mortgage. There was no Will and his kids were beneficiaries so the kids know they do not own the house, but they believe they own the contents of the house. Is this true? The contents of the house were purchased by the deceased man and his fiance as they lived together for about 9 years.

Asked on December 29, 2018 under Estate Planning, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Fiance is not a legal relationship: a fiance does not inherit anything not willed to  her, so if there is no will, she does not inherit any of his personal property. And owning a home does not automatically convey ownership of the home's contents. 
The deceased's children will inherit anything that he owned by himself; they will inherit his share or interest in anything he and his fiance bought or owned together; she of course keeps anything she owned solely.
Examples:
1) His children will inherit his clothing and personal accessories or jewlery (e.g. any ringsal or chains or earnings he wore, a watch, etc.).
2) Anything he owned before he and the fiance got together will be inherited by the children--so if, for example, he had his own TV prior to them coming together, his children inherit it (for whatever a 9+ year old TV might be worth).
3) If he and his fiance jointly paid for furniture or artwork, then it was half hers, half his--so his children are entitled to half its value.
4) If they had one computer they bought together, it will be like 3), above; if they each had computers, the children get his.
It's a case-by-case judgment, looking at who paid for/bought or was gifted (since is something is gifted to one person, it belongs solely to him/her) and the children getting anything solely his or his share of anything jointly owned or bought.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption