can i be kicked out of my home by relatives of the person i am living with if he passes away ?

UPDATED: Oct 1, 2022

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can i be kicked out of my home by relatives of the person i am living with if he passes away ?

I am living with a person who’s not in the greatest health. He wants to leave me
and my daughters his home if he passes away but i am wondering if he brothers can
have us throwed out. What do we need to do for this to be legal?

Asked on September 24, 2017 under Estate Planning, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He needs to draft and sign a will, and have its signing witnessed by two people, neither of whom have an interest in the will, who watch him sign and then sign as witnesses in each other's presence. If the does that, he will have a valid will which will control what happens to his property after he dies. But only a valid will determines who inherits: nothing else, including documents or writings that are not properly signed and witnessed, have any effect on who gets property after death. The easiest and best way to make sure that his will is valid is for him to hire an attorney to draft it and also make sure it is properly signed. He should then give you a copy of the will, to make sure that you can produce it when necessary, after he passes away. He should also most likely name you as executor, so you will control the estate and probate process.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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