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Old 06-25-2018, 08:59 PM
 
Location: San Francisco Bay Area
4,152 posts, read 2,159,275 times
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Quote:
Originally Posted by desperatedogadvice View Post
He had a live in girlfriend of several years who is currently in the property.
How long is "several years"?
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Old 06-25-2018, 10:04 PM
 
Location: Albuquerque, NM
1,389 posts, read 2,426,779 times
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My grandfather had a girlfriend (same general age) for about 8 years before he died. She always had her own place, so there was no hinting about staying in the house. My grandfather hadn't provided anything for her in the will, but my dad (only child) liked her. He gave her grandpa's car. In today's dollars it was probably a $10K car. It wasn't a big deal to my dad in the whole scheme of things, but it meant a great deal to her. Perhaps there is something you can offer as a carrot to encourage her to move on.

As others have said, this needs to be done sooner than later. Her tenancy rights are increasing every day, and as time goes on the willingness of her relative to take her in may diminish.
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Old 06-25-2018, 10:24 PM
 
Location: North Idaho
20,999 posts, read 25,750,723 times
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I find it rather shameful of the deceased to leave a 70 year old live-in girlfriend of several years with nothing.

But, he left her out of his will, so the best course is to get her out as soon as possible. Maybe let her take whatever furniture or knick-knacks she wants to have.
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Old 06-25-2018, 10:30 PM
 
Location: North Idaho
20,999 posts, read 25,750,723 times
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By the way, if she was there for several years and her income went to support the house, she might possibly have a legal claim to a portion of the value.
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Old 06-25-2018, 10:36 PM
 
966 posts, read 529,720 times
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When one heir actually has to buy out another heir for their share of the property, their opinion may quickly change on letting someone stay on the property. It makes a difference when they have to shell out hard, cold cash. They should not be withholding the inheritance of a sibling because of how they personally feel.

The father made the decision of leaving the house to his children. The executor has the duty to follow the dictates of the will - there is no guessing at what he "really" meant.

Have a lawyer give an explanation for the LIG's legal removal from the home. She has no right to be there but that may change as time goes on. The longer she stays, the worse mess it will be. If an incentive to move would smooth things over it may be an idea to consider.
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Old 06-25-2018, 11:14 PM
 
1,512 posts, read 564,668 times
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Quote:
Originally Posted by desperatedogadvice View Post
This is going on in my family....happening in the state of Oregon.

Relative dies unexpectedly 6 months ago and leaves a will giving his residence to his two children. He had a live in girlfriend of several years who is currently in the property. She is not named in the will. The residence has significant value.

LIG is in her 70s and had plans to move back to her home state/in with an adult child after the funeral. But she then "changed her mind" because (she said) there are so many memories for her in the home she shared with the deceased.

One of the children has been staying with the other because of financial difficulty and thinks that the house should be sold as soon as possible, proceeds split, and that LIG should be given notice to vacate. The other child has a family to support with a kid of their own about to enter college. In short, they could both use the income from the sale of the property. This individual does NOT want to sell the property and wants LIG to be able to stay as long as she wants, rent free, because this person believes that the deceased would have wanted that. Neither has a significant relationship with LIG and neither lives near the property. Neither has expressed a desire to move into or use the property themselves.

Both children have come to my husband and I to intervene on their behalf as we are close and don't have a vested interest in the property. We set up a consult with an attorney for both of the inheritors who advised drawing up a lease and asking LIG to pay some kind of rent, however minimal, with a hard end date of her occupancy of the house. They are still arguing about the advisability of this.

Any sage advice on this? We are trying to keep our opinions to ourselves and help these relatives work this out.
State law comes in here in about 4 different instances. What state?
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Old 06-26-2018, 02:27 AM
Status: "Can kindness win?" (set 1 day ago)
 
Location: Here and now.
10,381 posts, read 2,813,517 times
Reputation: 11121
Quote:
Originally Posted by desperatedogadvice View Post
This is going on in my family....happening in the state of Oregon.

Relative dies unexpectedly 6 months ago and leaves a will giving his residence to his two children. He had a live in girlfriend of several years who is currently in the property. She is not named in the will. The residence has significant value.

LIG is in her 70s and had plans to move back to her home state/in with an adult child after the funeral. But she then "changed her mind" because (she said) there are so many memories for her in the home she shared with the deceased.

One of the children has been staying with the other because of financial difficulty and thinks that the house should be sold as soon as possible, proceeds split, and that LIG should be given notice to vacate. The other child has a family to support with a kid of their own about to enter college. In short, they could both use the income from the sale of the property. This individual does NOT want to sell the property and wants LIG to be able to stay as long as she wants, rent free, because this person believes that the deceased would have wanted that. Neither has a significant relationship with LIG and neither lives near the property. Neither has expressed a desire to move into or use the property themselves.

Both children have come to my husband and I to intervene on their behalf as we are close and don't have a vested interest in the property. We set up a consult with an attorney for both of the inheritors who advised drawing up a lease and asking LIG to pay some kind of rent, however minimal, with a hard end date of her occupancy of the house. They are still arguing about the advisability of this.

Any sage advice on this? We are trying to keep our opinions to ourselves and help these relatives work this out.
I have some, but I fear it's too late:

Keep your will updated.
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Old 06-26-2018, 06:33 AM
 
Location: Canada
5,125 posts, read 3,636,143 times
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Quote:
Originally Posted by oceangaia View Post
The longer she is allowed to stay, the more those rights get re-established. It's already gone on too long. Give her a choice. Move out immediately and voluntarily and she'll get a small percentage (~10%) of the sale of house. Else she will be evicted and get nothing.
This!
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Old 06-26-2018, 07:28 AM
 
Location: South Carolina
13,105 posts, read 17,640,353 times
Reputation: 22454
[quote=oregonwoodsmoke;52309056]I find it rather shameful of the deceased to leave a 70 year old live-in girlfriend of several years with nothing.


You and me both on this ^^^^^. what were they thinking they would live forever .I also think the deceased would be ashamed that his family is coming against this LGF . Boy when people die their family act like animals I will tell you that . When my auntie died we got calls from our family about the piano . We asked them which piece they would like we were going to cut it up for them LOL .

Yes I think you all should offer her a percentage of the place's sell and let her take what she wants from the house that is the least you all can do .
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Old 06-26-2018, 07:29 AM
 
Location: 33950-bound
503 posts, read 226,616 times
Reputation: 779
Immediate action is your best course IMO. It takes time to get tenants out.

Aged lady needs some time to get her affairs in order with her family though. OP does state the original plan was for her to move out after the funeral. Seems someone on the LIG side is guiding the issue.

Good luck!
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