April 2006


How to Claim Heir Rights?

Summary

“How do I claim heir to the property?”

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“Recently my first cousins won a lawsuit and claimed 9000 acres that belonged to our great-grandfather. My father and their father are brothers (neither alive). My question is even though I was not involved in the lawsuit how do I claim heir to the property? My brother and sisters do not seem interested in claiming their part but I am.”


This will be entirely dependent upon the property and succession laws in your state. You should contact an attorney who specializes in either estates or property (or ideally both), and have them review the lawsuit brought by your cousins to determine whether you do in fact have a claim. If so, your attorney should then contact the attorney for your cousins, and work it out with them. If they can’t work it out, your attorney can file a claim for you.

What Property Can I Take When I Leave the Marriage?

What property may I take when leaving my spouse?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am considering leaving my spouse. However, she has her name on the title on both of our vehicles. Is it legal for me to take one of them when I leave? Also, what property may I take when leaving, could I take my computer? I know I would have a right to my clothing, medicines, and things of that nature, but what about televisions, furniture, etc.?”


This depends in large part on whether you live in a community property state or not. If you do, then everything acquired during the marriage belongs to “the community”, and not to either of you until it is divided by a court or an agreement between you and your spouse. The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

If you don’t live in a community property state, then it is less clear cut, but in any case personal effects (clothing, jewelry which is not investment jewelry, etc.) can usually go with the person. If you take a car, you should plan to be responsible for the car payments.

The bottom line, however, is that you should attempt to reach an agreement with your spouse as to what you will take, as anything short of an agreement is almost certain to lead to expensive pain for you.