Find Senior Care (City or Zip)
Join Now Log In
G
greynite Asked September 2016

How long do I have before deceased, boyfriend's children kick me out?

My father-in-law passed a year ago and then my boyfriend, of 12 years, just passed Saturday morning from stage 4 lung cancer.t My fil left an old double wide to my boyfriend. To make this vs more complicated, he did not have a will or life insurance. After my fil passed last year, I begged him to go to a doctor. There had also been a promise ( not in writing), that my fil was going to leave me $24,00, to help me. Unfortunately, he passed before attorney could draw up papers.Even when b.f got diagnosed, I took care of and wanted too. He also had so many other health problems. The night (early morning) he passed, beforehand, his son and daughter, were going through his personal items, which bothered me, because, I thought it insensitive towards me, and disrespectful towards him. It has not been but two days, and the son has asked me when I am leaving. I told him I needed at least a month. I have to not only say goodbye to my former home and boyfriend and find homes for one dog and two cats. I am still grieving, of course. And on top of everything thing else, the son is taking my boyfriend's truck, which he was going to leave for me. There was a power of attorney, done in the hospital, while I was visiting. I do not understand that either, as he was by this point, dealing with brain tumors and was mentally, not right. How much time, do I have, to leave. I need at least a month, to gather some money and sell some of my items. Sunday, they came over and finished taking his amps ( he was a musician, tools for carpentry work. I was hurt. And still am. I am watching the things he loved, leave, most of it to be sold. The title of the truck is missing too. My name is on insurance. The son has several automobiles of his own.What are my rights? Can I take civil action for the truck? And how many days do I have, before I have to vacate?

vegaslady Sep 2016
You should contact a lawyer immediately, thru a low-income legal service if necessary. Eviction laws differ state to state.

Rainmom Sep 2016
Katiekate is correct regarding the written 30-day notice. There are a handful of states that still recognize common-law marriages but I'm assuming you do not live in one - or you would not be in this awful predicament. As far as the POA being done improperly at your boyfriends death bed, you could have grounds to challenge it but even if you were successful in having it over-turned it would unlikely change your circumstances - which of course is - no will and promises not committed in writing are usually not legally enforcable. I'm so sorry for the loss of your loved one and the awful situation you find yourself in. And if it helps even the tiniest bit to hear this - your boyfriends children are behaving like complete shits.

ADVERTISEMENT


Katiekate Sep 2016
They must notify you in writing. They need to send a letter to you...through the post office ...NOT email, NOT text, The law requires this notice.

The notice period is one month. If you do not depart in that month, they would have to go to court and file for a "writ of possession". You could argue that you are not a tenant, and therefore you should be allowed more time. Maybe it would work. But even if it failed, it would buy you another 2-3 weeks.

So..if they show up to try to remove you...refuse and insist they bring the police. The police will tell them, they must follow the process lay out by the law.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter