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no she cannot, she was just his girlfriend, there should be a will, if there is not then a lawyer and the authorities need to be called in. ________________________________________________________________________ She can withold personal and/or real property until probate distribution has been decided. However, the biological children are protected under probate laws and succession laws will apply unless there is a Will that excludes said children. The divorce decree would have noted what property was to belong to the ex-spouse and what property (clothing, toys, etc.) the children were entitled to. If the girlfriend is withholding property that belongs to the children (things that were gifted by the father or others, items that were taken from the custodial residence to the father's residence) then she is required to turn those items over to the person who has legal custody of the children.

The girlfriend is NOT legally required to give the ex-spouse or the children personal items that belonged to the deceased that were acquired before or during the relationship.

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Q: Your ex husband and father of your children has passed away and his girlfriend is trying to hold all of his belongings what can be done can she do that?
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