Help for my little boy who lost his dad!!

[whatisright]

My son's father, my ex husband, recently passed away. I am the executor of his estate. At the time of his death he had a girlfriend living with him, who had lived there less than a year. Upon her moving out, she took 95% of my sons fathers possessions, furniture, pictures, etc. My son is his fathers ONLY beneficiary. The girlfriends name was not on anything. What rights does she have to these items when my son was listed as the only beneficiary? What rights do I have to get ALL of these items back for my son?

 

[dee_dub]

What she has a right to depends on the law in your state. Some jurisdictions provide for rights for common-law spouses to share in the estate, other's don't. If that applies, she has the right, not to walk off with the possessions, but to apply for a variation in the will.

I\ve heard tell of "community of property" jurisdictions too, where a spouse has a 50% interest in any property acquired during the marriage. I don't know if that extends to common-law spouses.

So either 50% of what she took, or all of it if you're not a community of property jurisdiction, was not hers to take. As administrator, it is your right and your duty to recover it and distribute it to the rightful heirs. I suggest you consult an estates lawyer to figure out what, if anything, she is entitled to, and sue for the return of everything else.