#FamilyLaw #EstatePlanning #LegalRights
Hey everyone, I came across this heartbreaking situation and I’m hoping we can help out with some advice. Here’s the scoop:
So, this person’s mom’s long-time fiancé passed away without a will. They’ve been together for decades, sharing bills and a home. Now, the fiancé’s biological children are trying to kick the mom out of her own home! 😱
Here’s the situation in a nutshell:
– The house is in the fiancé’s name, but the mom helped pay bills.
– The mom was added to her parents’ deed in Florida.
– The mom is now being threatened with eviction by the fiancé’s children.
Does she have any rights in this sticky situation, or is she out of luck because they were never married? Can she claim squatters’ rights? How can she protect her possessions that she contributed to over the years?
Here are a few points to consider:
– Seek legal advice from an estate planning attorney who specializes in family law.
– Document all financial contributions to the household and ownership of possessions.
– Look into potential squatter’s rights and other legal protections in the state of Pennsylvania.
Let’s brainstorm some solutions and help this family navigate this tough situation. Any advice or insights are greatly appreciated! 💬🤔 #HelpAFamilyInNeed
If your mom wasn’t on the deed & fiancé didn’t leave a will, she was a tenant. She has no legal claim to the house. Given that her legal address is in FL I don’t know if she can even claim tenant. Are any of the utilities in her name?
Since they were not married, she is not on the deed to the house and he does not have a will, his estate will pass to his heirs, his children. Neither PA not NY recognize common law marriage unfortunately and fiancée is not a legal status that conveys any rights to your mom.
If your mom has paid for any home improvements or has been paying the mortgage, she should collect that evidence and consult with an attorney to see if she can recoup any of those funds.
Your mother is not an heir under PA intestate succession law.
She should also inventory which possessions are hers.
She almost certainly has no rights. That’s what marriage is for: to provide and protect your loved one. For whatever reason, they chose not to do that. She may not even have tenancy rights, since he DL says FL. But she has no legal rights to the house–either as an owner (since she was not on the deed) or as an heir (not-married=not an heir). She can consult an attorney in PA, but don’t expect much. It’s possible her “fiance’s” kids aren’t really the executor and thus do not have the right to kick her out. She can contact the probate office in the county where he lived. They can tell you if someone has filed to open probate and be appointed executor.
Small time landlord in PA here.
In PA she can’t just be kicked out. If she can prove residency (bills in her name etc) then she is essentially a tenant without a lease. But even worse case scenario,she still is entitled the standard 30 day written notice to vacate. At that point they would have to file with the local magisterial district. Then you have to go to court, then the judge will give her a date to be out by. Then even if she decides to stay, then eventually they can show up with police to evict her. In PA it’s not as simple as them changing the locks and telling her to leave.
She could offer to avoid all that if they agree (in writing) to reimburse her for a portion of what she contributed to the home. But other than that, she’s not entitled to much, if her names not on the deed or mortgage.
She has no legal rights. Everything he owns will go to his family. No will + not on the deed = mithers screwed.
Not a lawyer, but if she could prove financial investment in the property and that she was contributing towards the house, bills and possessions; she could maybe have a case to show she is a joint owner. She should consult an attorney though.
A piece of paper is just a piece of paper but it gives you rights. A will, a marriage certificate, anything in writing. At least she has the Florida house.
If your mother had a common-law relaotinship prior to 2005, Pennsylvania may recongize that as a ”marriage” today and enforce spousal claims to an estate. You had best have your mother go talk to a lawyer – and no matter what, ntil resolved, not leave the home without a court order.
Nothing
NAL – Depending on the states law regarding common law marriages. Also, if they filed taxes as married for at least 10 years she might be able to claim the estate as spouse.
My “spouse” and I were together 15 years not legally married he spoke to a lawyer regarding his will and was told since we had been together for over 10 years I would get half of his estate due to our states laws at that time and because we had filed married filing jointly on tax returns. This was in a southern state. Told him that we would have to have a divorce if we separated.