Planning for recovery of a dead parent's assets from partner's home

[Rob F.]

Jurisdiction

New Jersey

My father-in-law is ill and he told my wife if he were to pass, she should go to his home and get his assets, which include a strongbox with important papers and other items. He has given her the key to the strongbox and told her she gets everything via his will. The difficulty is that he lives with a woman who is not his wife or not a registered domestic partner, and the home is only in her name. The woman is potentially difficult to deal with and the fear is that she may not allow us to get into her home to quickly recover his assets before she can do something with them. Not sure what my wife's rights are in regard to recovering these items from someone else's home. Is there anything we can do in advance to prepare for this eventuality?

 

[PayrollHRGuy]

SUre get your FiL to turn over the strongbox, or at least what needs to go to your wife now.

 

[adjusterjack]

Agree. Get it all now, while he is still alive. Once he's dead, your wife is likely to have to spend many thousands in litigation with no guarantee that there will be anything left to get.

 

[welkin]

Get him to write a will so there would be no questions as to what his intentions are.

 

[Zigner]

Get him to write a will so there would be no questions as to what his intentions are.

Did you read the original post?

 

[welkin]

Did you read the original post?

OK, I missed that he had a will in the strong box. Score one for Zigner. Made you day did it?

 

[Zigner]

OK, I missed that he had a will in the strong box. Score one for Zigner. Made you day did it?

You give yourself way too much credit for the effect you have on my day.

 

[zddoodah]

My father-in-law is ill and he told my wife if he were to pass, she should go to his home and get his assets, which include a strongbox with important papers and other items.

If?

The difficulty is that he lives with a woman who is not his wife or not a registered domestic partner, and the home is only in her name.

I wouldn't really call that a "difficulty." Since it's the girlfriend's home, once your father-in-law dies, your wife will have no right to enter the home unless his girlfriend consents or she obtains a court order.

Not sure what my wife's rights are in regard to recovering these items from someone else's home. Is there anything we can do in advance to prepare for this eventuality?

Well...to the extent that it would not be rude to discuss this subject, your wife may want to consider discussing the concerns expressed in your post with her father. If, in fact, your father-in-law has a will that leaves everything to your wife, then your father-in-law ought to give the original (or at least a copy) to your wife. Likewise, if there are things that he really wants your wife to have, he may want to consider giving them to her now (either as gifts now or to hold pending disposition upon his death).

Beyond, that, the only thing your wife can do is, once her father dies, seek to be appointed as the executor/personal representative of his estate and request that the court order the girlfriend to turn over all assets to your wife.