Dad died without a will. Is his long-term girlfriend owed a piece of the estate? The Ramsey Show weighs in

Since there’s no will, Kevin says the state decided to distribute his dad’s assets between him, his brother and his half-sister. Even though Kevin’s father and girlfriend were living together and had a 20-plus-year relationship, they weren’t married, which typically means she isn’t entitled to anything.

Co-host George Kamel pressed Kevin by asking what’s the rationale behind the girlfriend’s daughter demanding estate money from his family. Kevin said that she claimed “her mom put all of this time and money into the house,” which she argued entitles her to a share of the estate.

Kevin added that he and his siblings intend to sell their dad’s house in order to pay off his remaining debts. However, Kevin has also set up his late father’s girlfriend with a place to live so she wouldn’t be homeless.

After hearing the details, co-host Jade Warshaw said, “I don’t think you guys are on the hook to do anything here,” pointing out that this is the kind of messy situation that happens without an estate plan.

She also added: “If you want a commitment to getting money out of a will, then you have to start with a commitment to marriage.”

Love doesn't always count as legal

When someone passes away without a will, “intestate succession” comes into play. These are the rules around distribution of a deceased person’s assets according to state law.

There may be nuances in certain states, but generally the estate first goes to a spouse and children. If the deceased doesn’t have a spouse or kids, it moves on to parents, siblings and then extended relatives.

This may be why Kevin isn’t obligated to give his father’s girlfriend any money, even though they were in a long-term relationship and living in the same house before he passed. Pennsylvania stopped recognizing common law unions starting in 2005. Although Kevin said his dad’s relationship had lasted 20-plus years, the exact circumstances of this situation are unclear.

Some states may grant rights to common law partners, but in many cases, if someone isn’t directly related, they don’t have a claim to part of someone’s estate.

Legally, the girlfriend may not have a claim in this case. But what about morally? That's why it's a good idea for a person to spell out their wishes beforehand.

Avoid succession planning stress

Had Kevin’s dad created a will, everyone would know his wishes, and there’d be no need for confusion or emotional drama.

Since it’s impossible to roll back the clock, the best protection people can give their loved ones is to write up a will ASAP.