there is no will . the property was left to his heirs she lived there for two years . .boyfriend, girl friend, she let him sleep in his own matter, she had him in 1 room while she had the hole house to herself.1 meal a day
2007-02-24 13:03:49 · 25 answers · asked by scott d 1 in Family & Relationships ➔ Family
You will need to find out who the heir is. Since she was his girlfriend, not his wife and not his family, she should not be the heir.
2007-02-24 13:07:27 · answer #1 · answered by Sweets 3 · 3⤊ 0⤋
Need a lawyer for this one. Who owns the property? Is her name on the deed/mortgage? Does she pay rent? None of the other stuff matters much. The heirs/rightful owners can start eviction proceedings. Be sure you have every legal document you can put your hands on. If she is not listed as an heir, out she goes. If you are an heir, you (and the others) can sell the house out from under her. The question is: Who owns the house????? If I am wrong on this, please, someone in the legal business please help.
2007-02-24 21:12:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer & have her evicted-that's about all u can do. U could just ask her to leave, but she probably wouldn't, so get the other heirs together, if possible, & hire a lawyer. I'm curious, if there wasn't a will, how did he leave the house to the heirs? If she abused him, why wasn't she charged with "elder abuse"? It may not be too late to have her charged, but u really need to get a lawyer. Good Luck, u're gonna need it!
2007-02-24 21:25:57 · answer #3 · answered by louise b 2 · 0⤊ 0⤋
The next of kin needs to get an attorney and see about going to court to be put in charge of the estate (this is why you need a will, so you know who will make these decisions when you die).
The other guy's statement about common-law spousehood is incredibly presumptuous, since you didn't say where you are from. The attorney will have to advise you on what rights the live-in may or may NOT have.
More than likely, she's just a live-in and the estate will have to bring an action to evict her from the premises.
2007-02-24 21:08:04 · answer #4 · answered by Anonymous · 1⤊ 0⤋
It depends upon where you live. Laws vary from state to state as to who property and any money and assets go. You should contact a lawyer who specializes in this. There are many who will let you speak to a legal assistant for free in these matters. There are also resources on the net for your state. Go to the homepage for your state and find a link that discusses law. You can also call the local courthouse. They can help you with who you should call. You should know, though, that the emotional stuff will not come into play in this decision.
Good luck!
*EDIT* "Common law wife" status does not begin until 7 years in most states.
2007-02-24 21:08:36 · answer #5 · answered by ... 2 · 1⤊ 0⤋
With no will, she's going to have a pretty hard
time proving that he intended his stuff to go to her.
Therefore, she becomes a simple tenant with
no lease. She can clearly prove that she's been
there awhile, so eviction may be tricky.
I suggest that you remove all of his property from
the house (she'll have a much harder time proving
that it was a furnished implied lease) and start
eviction procedures.
Yes, its true we're using the word "tenant" even
if she paid no rent. She can argue that she provided
other services for consideration (house cleaning, etc.
Get your mind out of the gutter) and you will have a
very difficult time disproving it.
A no-lease tenancy will be covered by state law
and not knowing which state you are in, its difficult
to predict what it will take to evict her or how long
it will take.
If you can prove that he was incapable of providing
for himself and that she was provided tenancy in
exchange for taking care of him, you *MIGHT* be
able to file all kinds of nasty neglect charges for
her failing to do her expected duty.
However, I expect she would claim that her
tenancy was not based on his health, but only
for specific services - so her failure to notice or
mitigate that he was sleeping in his own filth wouldn't
constitute neglect.
In any case, call a lawyer familiar with local law.
I must admit, I am wondering why you didn't intervene
until after his death.
2007-02-24 21:06:45 · answer #6 · answered by Elana 7 · 2⤊ 1⤋
Tell the heirs to put it up for sale. She will have no choice. Or get a lawyer to draw up the papers to evict her. You might have a battle on your hands. She has no claim to the place so you have no worries.
2007-02-24 21:07:09 · answer #7 · answered by Anonymous · 2⤊ 0⤋
You may have a problem as she could claim to be a sitting tenant.
I can only suggest talking to a solicitor about his heirs rights of eviction.
2007-02-24 21:06:30 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If you knew he was being treated badly by her why on earth didn't you call social services on the woman while he was alive? If there is no will then it's hard telling who will get the property, especially if she is making payments towards the mortgage, if I were you I would contact a lawyer. There are different laws in different states, including the common-law marriage law...which could make it very difficult for you to get the house.
2007-02-24 21:07:36 · answer #9 · answered by Anonymous · 4⤊ 1⤋
if there is no will, how can u say the property was left to his heirs? with no will, it will be up to a judge to decide who gets the house. maybe you should talk to a trusts & estates lawyer.
2007-02-24 21:07:48 · answer #10 · answered by njyogibear 7 · 2⤊ 1⤋