After Kevin’s dad died unexpectedly without a will, he’s left wondering if he’s obligated to give a share of the estate to dad’s long-time girlfriend.

As the Philadelphia man explained on The Ramsey Show in a clip posted Nov. 20, the girlfriend’s daughter — who wasn’t fathered by Kevin’s dad — has been “pressuring family members” on his side to “come together and financially split the money” from his dad’s estate. (1)

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.”

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.

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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.

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.

Although this may be common sense, many Americans still put it off till before it’s too late. According to Trust & Will’s 2025 Estate Planning Report, 55% of Americans have no estate plan at all. (2)

Thinking about the end of one’s life is never fun, but it’s the responsible thing to do. Taking the time to write a will gives family and friends a clear roadmap of your wishes, so there are no doubts or debates.

It also helps to have open conversations with family about your wishes. Prevent any surprises or misunderstandings down the line by letting them know what they are and who you’ve chosen to handle things.

A will also isn’t the only estate planning option — trusts are another way to ensure your assets are distributed as you wish.

Whatever you feel fits your situation, establishing an estate plan is the best way to honor your legacy and take care of those closest to you. A little planning now can help prevent headaches later on.

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The Ramsey Show Highlights (1); Trust & Will (2)

This article provides information only and should not be construed as advice. It is provided without warranty of any kind.