Can my mom’s late boyfriend’s son kick her off of the property?

UPDATED: Sep 30, 2022

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Can my mom’s late boyfriend’s son kick her off of the property?

My mom’s boyfriend just passed. The property where he and my mom lived was in his name only. Now his son is telling my mom she has 30 days to get out. How can he

do this when the property is not in his name and their was no Will left?

Asked on November 2, 2016 under Real Estate Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Boyfriend/girlfriend is not a legal relationship--it gives your mother no rights. When there is no will in Kentucky, the child(ren) inherit(s) everything--so if there is just the one son, he inherits the home, since it was in his father's name only. He will also almost certainly be made the personal representative or administrator for the estate, which gives him the right to decide what to do with it for the benefit of the beneficiaries or heirs--i.e. for his own benefit. Therefore, since he will inherit the home and is likely the personal representative, he as the legal right to force your mother to leave, since she has no legal right to live there once her boyfriend passed.

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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