who owns personal property of deceased boyfiend living with girl friens

[mergie]

my son just passed away and I need to know if I have rights to all of his property from girl friends apt.

 

[army judge]

my son just passed away and I need to know if I have rights to all of his property from girl friends apt.

If he died intestate and you're his lawful next of kin. She has no rights without a will. Go get your stuff. Yiu might wish the police to stand by while you get it. Most police agencies will accommodate you as peace keepers for 15-20 minutes.

 

[mightymoose]

This could be problematic if it is not known what exactly was his. I wouldn't expect you to get much more than clothing at best.
Have you tried the easiest and most obvious approach? Have you simply asked the girlfriend to allow you recover his property?

 

[Latigo]

my son just passed away and I need to know if I have rights to all of his property from girl friends apt.

(I'm so sorry for the loss of your loved one.)

Please ignore the response from the so-called "military judge".

Each time this person posts in here it becomes increasingly evident that the individual possesses no legal schooling or professional credentials whatsoever.
_____________________

At the present time you have no legal right to take possession of your son's personal effects. To enter that apartment as the "judge" ill advises could invite the police not to assist you but to arrest you!

Upon his death, whether your son left a will or no, all of his assets and property became the exclusive property of his estate.

If you are determined to retrieve his effects and collate his assets, bank accounts, vehicles, etc., the most expeditious method would be for you to have an attorney file a petition on your behalf for your appointment as a Special Administrator of his estate and the issuance to you of Letters of Special Administration.

Those Letters will be you official authority to collect and preserve his assets until further orders of the probate court.

This procedure is set forth in Massachusetts General Laws Title II Descent & Distribution Estates of Deceased Persons, etc. Chapter 193 sections 10 and 11, which provide in part:

[Quote]"Section 10. If the judge of probate deems it necessary or expedient, he may, at any time and place, with or without notice, appoint a special administrator . . .

Section 11. A special administrator shall collect all the personal property of the deceased and preserve the same for the executor or administrator when appointed, and for that purpose may commence, maintain and defend suits. If he is appointed by reason of delay in granting letters testamentary, the court may authorize him to take charge of the real property of the deceased or of any part thereof, and collect rents, make necessary repairs and do all other things which it may consider needful for the preservation of such real property and as a charge thereon. His compensation shall be such as the court allows."[/Quote]

 

[mightymoose]

the most expeditious method would be for you to have an attorney file a petition on your behalf!

The quickest method would be to simply ask for the property. If she is not cooperative with you then showing up with officers to "keep the peace" as Army Judge suggests may get you results. The police will not help you to get the property, but their presence to prevent things from getting out of hand may cause the girlfriend to be more cooperative with your request.
However, if she holds her ground and tells you no then you will have to jump through some hoops. If she does allow you to take property you will only get what she allows you to take. Anything that is disputed will have to be settled in court.

If you haven't done so yet, try asking nicely.