If I had been living with my boyfriend for 27 years and he recently died, what are his kids rights to go through our house prior to probate without me being present?

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If I had been living with my boyfriend for 27 years and he recently died, what are his kids rights to go through our house prior to probate without me being present?

He passed away last month without a Will or Trust. I am still living in our home, which probably won’t be mine and will go to his kids to sell. Can they come into my home and go through stuff without me being there? Now 2are coming in from out of town and I’ve been told that they want to go into the home alone (they have keys for emergency) because they have not been there yet and are grieving and want to go through his stuff. Do I have any rights to say I must be there and they can’t take anything out of the house until after probate? I feel so invaded. One of his kids said don’t even mention a lawyer and be nice so that they don

Asked on September 2, 2014 under Estate Planning, Illinois

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 7 years ago | Contributor

The answer depends on a number of things including who was the owner of the house.  if he was an owner, they may enter with proper notice.  Much more would have to be known about he situation.  You should consult with counsel. 


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