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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption