Can the live-in girlfriend of your deceased father remove cabinets and other items that she wants from the house?

Answer 1

No. The contents of the house belong to the estate and have to be inventoried and properly valued before they can be distributed. The fact that she was living there does make things difficult, as some of the items may actually belong to her or have been purchased with joint funds. It depends upon the state and circumstances in which the couple were cohabiting. For example if they resided in a state that recognized common law marriage and they showed intent for the relationship to be of that nature. She is legally entitled to all of her personal belongings and those items which were "gifted" to her during the relationship. However, items that are actually a part of the structure cannot be removed until a decision is made concerning ownership. Be advised, that not all states handle probate procedures or the rights of 'significant others' in the same manner. The best option is for all involved parties to consult with an attorney who is knowledgeable in the laws of the state where the couple resided and has all the pertinent facts regarding the issue.