Rights of significant other?

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Latest post Mon, Mar 10 2008 6:37 PM by HatTrick. 7 replies.
  • Sat, Mar 8 2008 3:15 AM

    Question [=?] Rights of significant other?

    Can PR come into the house of the deceased and take things that belong to significant other before so vacates in 30 days? In particular, a gift from the deceased to the so?
  • Sat, Mar 8 2008 11:03 AM In reply to

    • LIMAMA
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    re: Rights of significant other?

    The PR can secure the house and the deceased's belongings because it now belongs to the estate. The PR can't take stuff that belongs to the SO. The problem then becomes the SO's to prove what is hers.
  • Sat, Mar 8 2008 7:31 PM In reply to

    • HatTrick
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    re: Rights of significant other?

    Not with out permission or a court order.

    May not change locks, may not enter. May ask for the stuff.

    Call the local police if PR trys to enter or take stuff.

    HatTrick

  • Sun, Mar 9 2008 10:05 AM In reply to

    • Drew
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    re: Rights of significant other?

    I disagree the it is clear one can bar the PR from the decedants residence--there may be alternate views.

    HOWEVER I believe that once the decedant made a gift to SO that anybody with views to the contrary has the burden to prove otherwise.

    Translation: If PR takes the SO's property it is THEFT--and SO needs to address it accordingly with police!! And do so PROMPTLY!!

    Given the theft issue it may be prudent to seek a protection order that keeps PR OUT!



  • Sun, Mar 9 2008 10:29 AM In reply to

    • LIMAMA
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    re: Rights of significant other?

    Drew, if a PR attempts to take things that belong to someone else, yes, that would be attempted theft.

    Yet if the house now belongs to the estate and the PR is in charge of the estate, how is is possible to prevent the PR from securing the property? The PR could easily make the case that securing the property is the only way to prevent any damage from occurring to the property in question.
  • Sun, Mar 9 2008 11:18 AM In reply to

    • Drew
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    re: Rights of significant other?

    The estate does NOT own the property of the occuant inside the home!

    There is no basis for executor to assume



  • Sun, Mar 9 2008 1:16 PM In reply to

    • LIMAMA
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    Agree [=|=] re: Rights of significant other?

    I'm not talking about the property inside the house. I mean the house itself.
  • Mon, Mar 10 2008 6:37 PM In reply to

    • HatTrick
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    More [=+=] re: Rights of significant other?

    When a roommate dies, the other roommate remains a tenant. Even if the roommate was the landlord.

    PR has absolutely no power to enter another person residense to execute self help justise- as owner or otherwise. The owner or PR must give proper notive to vacate and then do an eviction via the Court.

    Self help evictions are not legal in the US.

    HatTrick

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