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Whatever tenancy rights LIG had before... ended with the funeral.
That said... enforcing the point will likely require some Court action.
No, the tenancy rights were the same; almost any court in the land would rule she was on a month-to-month when Dad was around and is on a month-to-month now, and depending on the state subject to 30 or 60 days notice. And, if she had a lease AFAIK the heirs would have to honor it.
Quote:
Originally Posted by desperatedogadvice
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.
OR she noticed that she had a good deal going, and why move, OR her kid said, "Mom, I don't really have room/YOU CAN'T STAY HERE" which could be reasonable responses since we don't know the LIG very well. She could be a saint or she could be a difficult whack job.
Quote:
Originally Posted by oregonwoodsmoke
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.
You don't know that he left her with nothing, you know that she didn't inherit anything. She could have been a beneficiary on accounts, Life Insurance, she could have been more secure than he was. But her whole tone and demeanor seem to indicate that she might not have means to move. And, she lost her partner, and is grieving, and at 70 the prospect of leaving and moving somewhere else may be rather daunting.
Who is the executor of the estate in this instance?
Also, what isn't understood, what is this woman like? It doesn't sound like she's a con artist or a loony tune or difficult, but what's her relationship with her "Step-kids" so to speak?
In the absence of a looming case of trenchwarfare to get her out, in the absence of a Picasso or collection of Ming Vases from dad, I'd likely say, "we really need you out by September 1, when we plan to fix the place up and put it on the market. No hard feelings, but Andy is starting college and Bill is hard up for the funds to get some traction in his life. So, you have the rest of the summer to figure out arrangements, and feel free to take any furniture, pictures, the cutco knives, the washing machine, whatever." And put it in a certified letter, from the executor of the estate.
If you think it will be extremely hard to move her, have an attorney draft the letter and send it with the shortest legal move-out date.
Whoever is the executor/administrator/personal rep in the will should deal with the LIG. After all, that is the person who is responsible for seeing that assets of the estate are distributed as per the will (not how someone thinks the deceased would have wanted things to be handled). The will describes what the deceased wanted.
If the person who wants the LIG to stay is willing to buy out the interests of the other two at fair mkt value, either directly or via giving up other inherited amounts, then they can have the house and be a landlord. Otherwise, the LIG should receive a letter stating that the property is being sold and it would be appreciated if she would leave by a date certain in the very near future, otherwise eviction proceedings will be taken against her.
This! All other options muddy the waters.
If the father had wanted girlfriend to live there, he would have given her life tenancy. He did not.
Last edited by historyfan; 06-26-2018 at 12:28 PM..
Reason: clarity
YES. This.
The longer she is there, the more "rights" she has to stay there, and the harder it will be to evict her.
If she is not named in the will, then get her out.
Any "gifts" or "help" the relatives want to give her can be in the form of paying to move her stuff, hauling it to storage and paying the first month's rent in storage, that sort of thing. Two weeks at a motel.
but get her out, and change the locks.
but move her out. the sooner the better.
if he had wanted her there, he would have put it in the will.
I agree. If the father had wanted his live-in GF to have the house, or live in the house until she died, he would have put it in his will. If the GF is 70, I suspect that the BF was a similar age and understood how wills work.
And, it does not matter how long they were BF/GF. I know a couple that lived together for 40 years but never married (yes, 40 years). The BF's will left everything, including the house, furniture, house hold goods, savings accounts, even the dog to his daughter. The GF, of 40 years, was given two weeks to move out after his death and was only allowed to take her personal possessions (clothes & make-up). In stead of being upset, she said that she knew all the time that is what the will said and she was not unhappy about it at all (now, she was completely devastated by his death, but, not by the terms of the will). The GF is still on excellent terms with her late BF's daughter (and even visits her and the dog).
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 .
Quote:
Originally Posted by Annemieke Roell
Out of common decency let the woman live out her life in the house.
One of the heirs is essentially homeless (living with their sibling). Compassion is one thing. Putting their deceased father's girlfriend's needs above their own needs is just ridiculous. It would be one thing if both heirs could afford to let her live there indefinitely, but that is not the case. I know neither of my parents would expect myself to ruin (or further ruin) myself financially to help their live-in significant other after they pass. Houses cost money- taxes, maintenance, insurance, etc... It quite literally costs them money to let her continue living there. It isn't a matter of being inconsiderate. A piano doesn't cost the heir thousands (or tens of thousands) of dollars per year to maintain. Letting her continue to live out the rest of her life there far exceeds common decency.
My recomendation? Talk. Talk to her, talk to each other.
She doesnt have the "right" to stay there, but come on folks. What would your deceased relative want? And lets be honest-waiting for her to die might take longer then you expect. A average of 16 years if she is currently 70: https://www.ssa.gov/oact/STATS/table4c6.html
Does she have a income? Buying one side out, and having her pay rent might actually be profitable. If push comes to shove though-she needs to get out, and the house sold.
One of the heirs is essentially homeless (living with their sibling). Compassion is one thing. Putting their deceased father's girlfriend's needs above their own needs is just ridiculous. It would be one thing if both heirs could afford to let her live there indefinitely, but that is not the case. I know neither of my parents would expect myself to ruin (or further ruin) myself financially to help their live-in significant other after they pass. Houses cost money- taxes, maintenance, insurance, etc... It quite literally costs them money to let her continue living there. It isn't a matter of being inconsiderate. A piano doesn't cost the heir thousands (or tens of thousands) of dollars per year to maintain. Letting her continue to live out the rest of her life there far exceeds common decency.
Well said.
Again, if their father wanted his GF to live in the house until she died he should have made provisions for that in his will.
As another poster mentioned, the life expectancy of a 70 year old woman is 16 more years. Who would be paying the taxes and the insurance and the upkeep on the house during that time?
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.
Simple.
The surviving child/relative can’t arbitrarily say my decision is the only one that matters. You don’t need to do anything more than give proper notice to vacate as if she was under a verbal lease agreement for your state. LIG has no financial claim correct? She’s basically established a legal residency by living there. But all you should need to do is give her legal notice to vacate.
If the other relative wants her there as long as they want to live there that’s fine. (I guarantee you they will do a 180 within a few months) They can buy the percentage of the house the other relative owns and do as they please as they will own 100% of the property.
The selling relative can force a sale to get their inheritance by going to court.
This is why when I die all my properties will be sold and the proceeds are spread out between relatives, charities I believe in and various friends. Nothing gets left to multiple people.
I vote getting her out of the house, she was to leave after the funeral. If she stays, then dies, the next to happen is having to deal with her living relatives wanting her possessions, etc. Best to avoid any future legalities or drama.
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.
If she was getting a free place to live for years, she's probably sitting on a big pile of cash. I doubt poverty is the problem. It sounds like she just wants to go on living there for free.
They're lucky Oregon is not a common law state.
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