My fiancee passed away and owned the condo we lived in

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My fiancee passed away and owned the condo we lived in

My fiance passed away suddenly 2 weeks ago without a Will. My son and I have lived with her for the past 14 years. I realize I have no legal right to the condo. She also has a son who did not live with us. My concern is how long before I have to leave? I planned on paying one more mortgage and HOA payment to buy some time to find another place to live but her son drained the bank account where the money was for these payments and stated he does not want those payments made anymore. My fiancee lost her job 2 years ago and was on Social Security and also recently filed for bankruptcy and reaffirmed the loan on the condo. My fear is that I will come home from work and be locked out of the condo. I just would like to know how much time I have to leave? Should I contact the mortgage company and explain the situation since this months mortgage payment wasn’t made? Also, my son and I talked about buying the condo, is that possible?

Asked on May 22, 2018 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The personal representative or administrator (either term may be used) of her estate, which will most likely be her son, can ask you leave; or if the property is forclosed, whomever ends up getting it after foreclosure (e.g. the bank) can ask you to leave. If you don't leave when asked, they can then file a legal action (traditionally called an action "for ejectment") to remove you--that will usually take 4 - 8 weeks, start to finish, including providing required notices.
You can try to buy the condo, but that is voluntary on the part of the owner, which is currently the estate (so her son will likely be the person to speak to, as personal representative or adminstrator); if the condo is foreclosed up, you can at that time discuss buying it with the bank.
You probably don't want to pay the mortgage, since you will paying the mortgage on property that does not belong to you. Unless you can negotiate to buy it, you are probably best off looking for another place to live.


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