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My ex husband recently passed, and his girlfriend is refusing to give my daughters anything of his including his ashes,,,,,,
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what can my daughters do to get his belongings and ashes from his girlfriend, they were only together 4 years, and she;s refusing to give them anything of his. there was no will but the week before he passed she had him sign over the mobile home and new truck,,,, they aren;t even asking for money, just some personal belongings and and his ashes
Jeremy Todd Canipe
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Posted
on Feb 7, 2019
Mr. Love is correct. Since your ex-husband was not married, his girlfriend has no legal rights to any of his property nor to keep his ashes. If your daughter is at least 18 years old, she can apply to handle his estate under the laws of Intestacy (since there was no Will).
Keep in mind, he may have transferred property to the girlfriend (as you indicated) before he died. He may also have had joint bank accounts with the right of survivorship with the girlfriend, or which she may received under a Payable on Death Designation with his bank. The best way to sort all of these items out would be for the estate to be opened.
This information is provided for general educational purposes and should not be relied upon in terms of specific legal advice. No attorney-client relationship was formed in this process. For legal advice, please consider consulting with and retaining an attorney of your choice.
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Kenneth Love Jr.
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Posted
on Feb 5, 2019
If one of the daughters is of age, they can file for a probate estate with the court to force the turnover of items to his heirs.
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