Will my girlfriend Tenant be able to stay in my condo after my death, even during probate?

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Will my girlfriend Tenant be able to stay in my condo after my death, even during probate?

I am leaving everything to my girlfriend who lives with me in my condo. She also pays me $300 per month rent. She is not on the title, we have been living together for over 8 years. In fact we where actually married once but decided not to remarry because of the high cost of health insurance, she is on Medicare and Medicaid. I would hate to think she would have to leave the condo at the time of my death. I have a Will and have named her the beneficiary of all my assets.

Asked on May 22, 2018 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is the beneficiary and the executor, she will be able to stay IF the condo is not foreclosed upon (e.g. if there is no mortgage when you pass away, which mortgage is not then paid). As the beneficiary, it will be coming to her; as the executor, she will be the person with the legal authority to determine what is in the beneficiary's (i.e. her) interest. So long as she can pay an mortgage, taxes, condo fees, or other costs that could lead to foreclosure, if your will names her beneficiary and executor, she will be able to stay.


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