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because of phonelady's mistyping, you're actually quoting my post.
Let's say she moved in, and she paid 20-50% of the total household expenses, including whatever the housing cost.
It doesn't *sound like* there was a mortgage (having owned the house many years, as well as no mention of keeping up with payments after Dad's death). What if there wasn't and she paid the property taxes?
Heck, we don't know who's paying utilities right now.
I don't know the laws where this property is, and I don't know this specific law anywhere. I'm stating a consideration before they tell LIG to move along.
I stand by what I gave as a gameplan though - tell her you're selling, offer it to her at a discount, and also give her a reasonable (90-120 days is AMPLE) time to buy or leave.
I believe that the OP stated the LIG wasn't contributing at all, so it is a moot point for this specific situation. However, I believe there is a HUGE difference between contributing to things like gas, electricity and food, and paying part of the mortgage. The first I see as simply normal living expenses, where the second could (should?) create some ownership interest.
because of phonelady's mistyping, you're actually quoting my post.
Let's say she moved in, and she paid 20-50% of the total household expenses, including whatever the housing cost.
It doesn't *sound like* there was a mortgage (having owned the house many years, as well as no mention of keeping up with payments after Dad's death). What if there wasn't and she paid the property taxes?
Heck, we don't know who's paying utilities right now.
I don't know the laws where this property is, and I don't know this specific law anywhere. I'm stating a consideration before they tell LIG to move along.
I stand by what I gave as a gameplan though - tell her you're selling, offer it to her at a discount, and also give her a reasonable (90-120 days is AMPLE) time to buy or leave.
There is no mortgage. Paid off years ago. House is worth in the $800K range based on comps.
The heirs have been paying utilities, taxes, etc., as their legal responsibility (they own the house now.) This money has come out of the estate. LIG has not contributed one cent to anything, nor funeral expenses, nothing. Again, she has a very limited income.
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.
Well all questions of fact go to a jury. So off the top of my head. Did the deceased actually have 100% ownership interest in the house? Does the LIG have a contract for something? Maybe there's an agreement to share expenses. Maybe a letter or text where he says she can live there forever. Maybe she's paid enough bills where she counts as a tenant in that jurisdiction. Etc. Etc. Etc.
My stepmother at one point had one of these in California with a third cousin with no kids, she was executor. The fifteen or so heirs ended up with a couple thousand bucks each because they spent half of it on lawyers and another quarter of it paying her off after one person goaded her into a court fight.
I believe that the OP stated the LIG wasn't contributing at all, so it is a moot point for this specific situation. However, I believe there is a HUGE difference between contributing to things like gas, electricity and food, and paying part of the mortgage. The first I see as simply normal living expenses, where the second could (should?) create some ownership interest.
I would call that "Rent," and I don't think I'm alone in that, but that's just me. Otherwise I have an old landlord/roommate that I need to talk to...
This thinking that there's some mythical concern about ownership interest is ridiculous. She was a roommate, nothing more (legally).
There are all sorts of concerns being brought up about common law marriage, but its only recognized in a few states to begin with and Oregon isn't one of them. Furthermore, they all require that people describe and present themselves to the world as "married," which wasn't the case here. And Even if it were, the presence of a will makes it irrelevant. The concern would be a situation of Oregon's intestate succession laws, but again, the deceased didn't die intestate. He had a will.
I would call that "Rent," and I don't think I'm alone in that, but that's just me. Otherwise I have an old landlord/roommate that I need to talk to...
This thinking that there's some mythical concern about ownership interest is ridiculous. She was a roommate, nothing more (legally).
There are all sorts of concerns being brought up about common law marriage, but its only recognized in a few states to begin with and Oregon isn't one of them. Furthermore, they all require that people describe and present themselves to the world as "married," which wasn't the case here. And Even if it were, the presence of a will makes it irrelevant. The concern would be a situation of Oregon's intestate succession laws, but again, the deceased didn't die intestate. He had a will.
If I was talking about rent, that's what I would have said. I was talking about two people sharing a mortgage.
There is no mortgage. Paid off years ago. House is worth in the $800K range based on comps.
The heirs have been paying utilities, taxes, etc., as their legal responsibility (they own the house now.) This money has come out of the estate. LIG has not contributed one cent to anything, nor funeral expenses, nothing. Again, she has a very limited income.
Perhaps she is seriously depressed.
Perhaps she needs help moving.
Or perhaps she has plans to mooch off the heirs.
It will take a person on site to gauge what is truly going on.
But the longer the situation is not addessed in a lawful manner, the more apt it is to go sideways. What if a relative or friend of the deceased's girlfriend moves in with her? What if she trashes/remodels/ or turns this house into a barn for assorted cats & small dogs?
That that wasn't provided for in the will makes makes me believe that the deceased did exactly what he intended to do.
It makes me believe he probably had intentions to leave her something but just never got around to updating his will. From the sound of it he was healthy and died suddenly, so it's not as though his will was likely at the top of his list of things to do.
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