What to do if my late mother’s boyfriend is selling my mother’s home but I am her next of kin?

My mother’s boyfriend is not on any of her paperwork; the deed is in her name. However, he has taken it upon himself that he getting all the profit that he gains from selling the house and taking all of her property because he shared it with her. I did not give him permission to do so.

Asked on November 5, 2011 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming that your Mother died "intestate" meaning with out a Last Will and Testament, correct? Then if you are an only child you would indeed inherit all of the estate under the law if the facts you give here are true.  Now, you need to act quickly by going to the Probate Court in the county in which your Mother resided at the time of her death and to be appointed as the personal representative of her estate. Once you are appointed then you have the law behind you and you can have him evicted from the house, sue him for any dissipation of the estate assets - what ever you need to do to get things in order.  You may want to consult with an attorney in your area on the matter.  Good luck to you. 

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