Q: Boyfriend died. We never planned on marriage. Had a cohabitation agreement. How long do I have before I have to move?
My boyfriend moved me from WI while going through a messy divorce. He just passed away 8/12/1016. We had a cohabitation agreement. How long before the estate can kick me and my kids out?
A: In short, the answer depends on the terms of your Cohabitation Agreement, as well as State and local laws relating to how much notice is required to evict a tenant (f that is even applicable in this case). As a baseline, generally an unwritten tenancy is deemed to be "at suffrage" and therefore period-to-period. Here that would likely mean month-month with 30 days being the least notice to be given. Even then, there is much more to this situation so I recommend you contact a local Attorney to a more complete answer. Best of luck.
A: I am assuming your boyfriend owned the house in his own name with no one else. If that's the case and a probate estate is opened, the court will appoint either an administrator of the estate (if there is no will) or an executor if there is one. In either case, if an estate is being probated which includes the house, it would be the duty of the administrator/executor to collect or itemize all of the estate assets including this house and its personal property that belonged to your boyfriend. What were the terms of the cohabitation agreement? I am assuming you not been served with a 30 day notice to leave. You should get in touch with a lawyer in your area who practices landlord-tenant law.
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