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Old 06-26-2018, 08:42 PM
 
360 posts, read 203,930 times
Reputation: 629

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Lots of amateur landlords on here. Do yourself a favor and spend an hour with a lawyer experienced with cases like this in this state.

Anyone who tells you forcibly booting a 70 year old that just lost a loved from the house is going to go down fine with a judge or jury hasn't ever been inside a courtroom.

There can be a myriad of rights to live there she has acquired and you need to be careful not to violate them. Even if she has no rights you want legal assistance to do it in as smooth a way as possible to avoid lengthy and expensive litigation.
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Old 06-27-2018, 06:47 AM
 
Location: DFW/Texas
746 posts, read 624,479 times
Reputation: 2438
What I'm not understanding is why the sibling who wants LIG to stay in the house and not sell it, can't get a mortgage to buy the other sibling out? That's exactly what my father-in-law did when it came time to either sell his parents place or buy his sibling out of the other share. If the sibling feels THAT bad then he can take on the fiscal and emotional responsibility of the house and the LIG. It doesn't seem fair to leave the other sibling in limbo and force him to become a landlord, too, when he doesn't have any interest in it.

It may be a good idea to contact the LIG's child who offered to take her in again, and see what she has to say about it. She may also get granny moving faster.
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Old 06-27-2018, 06:48 AM
 
Location: Wisconsin
16,468 posts, read 15,905,878 times
Reputation: 38730
Quote:
Originally Posted by jackalope48 View Post
Lots of amateur landlords on here. Do yourself a favor and spend an hour with a lawyer experienced with cases like this in this state.

Anyone who tells you forcibly booting a 70 year old that just lost a loved from the house is going to go down fine with a judge or jury hasn't ever been inside a courtroom.

There can be a myriad of rights to live there she has acquired and you need to be careful not to violate them. Even if she has no rights you want legal assistance to do it in as smooth a way as possible to avoid lengthy and expensive litigation.
Those are excellent points. Depending an the laws in the specific state she may or may not have established tenant rights (even if she has never paid any rent or bills). The new owners of the house (children of the deceased) may need to give her legal, official notice to vacate the premises.
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Old 06-27-2018, 06:59 AM
 
Location: South Carolina
13,103 posts, read 17,634,355 times
Reputation: 22429
I don't know if Oregon has common law wife rights but if they do and she claims this , good luck getting her out .
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Old 06-27-2018, 07:04 AM
 
Location: Raleigh
6,964 posts, read 5,183,151 times
Reputation: 9390
Quote:
Originally Posted by phonelady61 View Post
I don't know if Oregon has common law wife rights but if they do and she claims this , good luck getting her out .
I donít think they do, but as I understand it, if Dad left it to someone else in the will, marriage license or no, it goes to someone else.
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Old 06-27-2018, 07:10 AM
 
Location: South Carolina
13,103 posts, read 17,634,355 times
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Quote:
Originally Posted by JONOV View Post
I donít think they do, but as I understand it, if Dad left it to someone else in the will, marriage license or no, it goes to someone else.

which she could also fight by contesting the will . Just saying that there are quite a few legalities she could use here to fight moving out of the home .
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Old 06-27-2018, 07:27 AM
 
6,359 posts, read 7,321,320 times
Reputation: 10807
They should offer to sell the house to the LIG at a discount, say, 10% or whatever. If they list it for sale they'll probably be out 5-6% for the commission anyway. Might as well pass that savings on to her. If she's not interested in buying it, though, she'll need a notice to vacate by a certain date.

Quote:
Originally Posted by Annemieke Roell View Post
Out of common decency let the woman live out her life in the house.
That's very charitable...but that's a bit extreme, don't you think? She could easily live another 20 years or so, possibly outliving the heirs.
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Old 06-27-2018, 08:41 AM
 
5,220 posts, read 2,375,434 times
Reputation: 5111
Quote:
Originally Posted by oregonwoodsmoke View Post
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.

I find this rather strange, so hopefully you will clarify. . .


Do you believe that if two people are in a relationship (not married) for "several years" that the woman should be entitled to some sort of property settlement upon the dissolution of the relationship? And if so, why?
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Old 06-27-2018, 08:59 AM
 
5,220 posts, read 2,375,434 times
Reputation: 5111
Quote:
Originally Posted by jackalope48 View Post
Lots of amateur landlords on here. Do yourself a favor and spend an hour with a lawyer experienced with cases like this in this state.

Anyone who tells you forcibly booting a 70 year old that just lost a loved from the house is going to go down fine with a judge or jury hasn't ever been inside a courtroom.

There can be a myriad of rights to live there she has acquired and you need to be careful not to violate them. Even if she has no rights you want legal assistance to do it in as smooth a way as possible to avoid lengthy and expensive litigation.

Enlighten us. What rights does she have beyond what any other tenant would have?
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Old 06-27-2018, 09:02 AM
 
2,054 posts, read 983,079 times
Reputation: 3925
Quote:
Originally Posted by jackalope48 View Post
Lots of amateur landlords on here. Do yourself a favor and spend an hour with a lawyer experienced with cases like this in this state.

Anyone who tells you forcibly booting a 70 year old that just lost a loved from the house is going to go down fine with a judge or jury hasn't ever been inside a courtroom.

There can be a myriad of rights to live there she has acquired and you need to be careful not to violate them. Even if she has no rights you want legal assistance to do it in as smooth a way as possible to avoid lengthy and expensive litigation.
Why would this go to a jury? Sentimentality (oh poor elderly woman, let her stay in the house with her memories) has no place in the law.

For whatever reason, the deceased didn't leave the house to his girlfriend. Maybe he wanted to but never got around to changing the will, maybe he never wanted to leave it to her, we don't know. His will left the house to his children and they are the ones who have to decide whether to ask her to leave or come to some sort of rental/buying the house agreement with the girlfriend.
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