domestic partners and dying intestate

[pweems]

A male friend met a woman on a dating site last year who
convinced him after he sold his house in California to
move to New York to start a business with her. They lived
in her coop apartment until her soon to be exhusband who
was living in their (the house purchased during their marriage) wanted her to buy out his interest in it. My friend
bought the interest in the house with the money he got from the sale of his house. My friend died of a heart attack one month after commingling the funds to buy the house. Nothing was recorded and she inherited all the money and kept his furniture. Is this legal since he has both surviving parents and brothers and sisters plus aunts and uncles. This woman quickly put everything of his in her name; she convinced his mother to give her the original death certificates, (she said they were for closure) and gave the mother copies. The parents should have inherited his interest the house., shouldn't they ...there was no will that we know of.

[Octavius]

When someone passes, his or her property must be distributed through probate. The process is generally overseen by an executor, if there is a will, or by a court (and a court appointed personal representative) if there is no will. An executor is the person designated to administer the estate - this person is also known as the personal representative. Most jurisdictions require that the executor post a bond to protect the assets of the estate.

Probate involves identifying and inventorying the deceased person's property, accounting and appraising the property, and then paying taxes and creditors with the deceased's assets.

If there is a will, the assets are distributed according to the instructions of the will. If not, then state law determines who gets what and how much.

Having a will, alone, does not mean probate is unnecessary. Although a will might make the process simpler, probate is still required for assets in the deceased's name alone.

In general, property which the deceased owned individually has to pass through probate for ownership to pass to his or her heirs. Jointly owned property and the proceeds of life insurance, retirement accounts, and annuities pass to the surviving joint owner or the named beneficiaries without the necessity of probate.

[mattie]

Simply put, unless his family go to court, and end up paying solicitors any money they might have inherited, they aren't going to get anything, as judging by this woman's actions to date, she is unlikely to give them anything voluntarily.