My daughters partner took his life a few days ago, and now someone in his family is trying to take all of his stuff away

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Customer: hi my daughters partner took his life a few days ago, and now someone in his family is trying to take all of his stuff away from daughter?
JA: Who currently has legal custody?
Customer: the father as I believe he is the eldest? How do we determine? he had to go to the hospital because he had a break down. Can you call me?
JA: The Family Lawyer will be able to walk you through that. What steps have you taken? Has anything been filed in family court?
Customer: sorry, were in BC Canada, is that the duty counsel?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: connect me, to whom?
Answered by ulysses101 in 16 mins 2 years ago
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ulysses101, Expert

Hello, thank you for the question. I'm a lawyer working from home.

Are you still at the hospital?

Customer
No can you please call me
Customer
Hi
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ulysses101, Expert

If you go find the Premium Service button on the webpage or App you can ask the site to set up a phone call.

Customer
I can't find it
Customer
Can his mom take all their stuff. If he verbally left car to her
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ulysses101, Expert

Can you see anything now about a call?

Customer
Indeed iOS app and I don't have that
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ulysses101, Expert

Oh, sorry. Well, we can chat about it here.

This is stressful, I'm sorry you're going through this.

Your daughter's partner recently committed suicide.

The site thinks this is a family law question, is it? Are you talking about children?

Or only about his possessions?

Were he and your daughter legally married?

Customer
Possessions. Trying to figure out if they bought them together
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ulysses101, Expert

Were they married?

Customer
No
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ulysses101, Expert

How long did they live together?

And no children?

Customer
1 year 11 months
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ulysses101, Expert

Is there a Will, to your knowledge?

Customer
No will
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ulysses101, Expert

OK. If you want to take the position that these two lived together for two years, then that gives your daughter a claim on the property that they accumulated while together due to be in a spousal / interdependent relationship.

This means that, until cooler heads prevail, it's fine to let them take the property and goods he owned prior to moving in together.

They have no right to "sieze" anything, so let's hope that they won't get stupid. Let's assume that since they just lost their son that they aren't thinking right either and if they've lost him they want his things.

You mentioned a car. If he had the car before he moved in with your daughter then let them take the car back. Not because he "verbally left it to her" but because it's not "family property".

As soon as you can get out of there safely, go see a lawyer for some specific direction and to write them a letter about being civilized about this.

Or, if the value of the goods isn't large, just let them have it all. Obviously your daughter can keep gifts that he gave her, money that they had in a joint account, things like that which are clearly going to devolve to her. Furniture and clothes and such aren't worth fighting over. If there are any big-ticket items, please let me know and we'll talk about them.

Does that answer you?

If I've answered you may I please have a service rating? Ratings are how I get credit from the site for helping its customers. I'd appreciate it. Five stars is best, ***** ***** top of the webpage or if on a device the site will send you a note. If you can't find any of that, then if you wish I can ask the site to enter a rating for you.

Customer
The car is in his name all she has is a text saying was going to sign it over to her. As they never got the chance it was purchased in the relationship.
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ulysses101, Expert

Well, I'd say that's not enough to just hand it over. Perhaps she was going to buy it off of him. You don't know.

In any event, what is this car worth? And is it financed? IF so, then there may be more owing on it than it's worth?

Customer
No he got it for my fighter for her birthday
Customer
Daughter
Customer
If it was a year and 6 months for common law
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ulysses101, Expert

It's two years of cohabitation for common law marriage status, so if it's paid off then it's worth it to not simply let it go.

They don't have any right to it. At least your daughter presumably lives at the address on the insurance/ownership. And she's not on title herself? If it was a gift to her, you'd think it would be in her name, or theirs jointly.

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ulysses101, Expert

What else is going on? And why are you at the hospital? Who is "he" that had a breakdown?

Customer
Sorry it was my daughters partner that took his life and she had a breakdown and they had to take her to the hospital
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ulysses101, Expert

That's very sad. I'm sorry.

Is his family still there?

Customer
Big family mom and dad. Mom want to take everything. Who would the next of kin be?
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ulysses101, Expert

If your daughter and he are "common law" or in a cohabitational relationship intended to be of some permanence, then your daughter should inherit. But if it was less than two years then you need evidence of the nature of their relationship. Depending on the value of the estate the families should split it just to avoid the argument. It wouldn't honour his memory for your daughter and his mother go at each other over his assets.

I'll be here if there's more to discuss. May I have a service rating in the meantime? The thread will stay open.

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ulysses101, Expert

Any updates?

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