Q: I live with my father who doesn't have a will - if he dies, will I get to stay in our condo?
A:
The answer will depend on many things, only one of which is your father's having a Will. First, if the condo is subject to a mortgage, the mortgage will have to be satisfied. So, your father could leave you the condo and if his Will provides for payment of his debts and he has other assets sufficient to pay off the mortgage, the condo would presumably be yours free from the mortgage (after it is paid off). If he does not have other assets sufficient to pay the mortgage, you would have to pay the mortgage off yourself, be allowed to assume it, or refinance it. Even if the condo is not subject to a mortgage, if your father has other creditors and insufficient assets to pay them off, the creditors may be able to force a sale of the condo to satisfy their debts, so to keep the condo you would have to find a way to pay those creditors.
If your father doesn't have a Will, you would presumably be his heir along with his spouse and any other children he had during his life or, if any of those persons died before him leaving issue (children or grandchildren), they would also be heirs. If you're not the sole heir, you would have to get the other heirs to let you stay in the condo, which would probably mean either buying their interests from them or persuading them to disclaim their interest and let you have the condo. For specific answers to your question, go speak with a lawyer in your state. Many offer free initial consultations. Good luck.
PS: My comments here are for general information only and are not legal advice on your specific situation, nor do my comments create an attorney-client relationship between us. Contact a lawyer in your state for legal advice.
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