Q: If i was a resident with someone in their home and they pass away. Am i allowed to stay in the home since the rents paid
I was living with an Older Gentleman who passed away. I have lived with him in two seperate houses, and i helped move the first place to the new place. I have received mail there and i have the address of the old house on ny current ID and the new address as my mailing address in the Oregon system. I helped look after him and i got a job just recently and used the new address as my physical address for the job. And i still have belongings in the home as well but i being told i can no longer stay there cuz the mans BROTHER IN LAW, whom i have never heard of or met before is all of a sudden telling me i can't live there. Is this legal or am i getting screwed
A: It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do anything with the deceased's property, including the house or to collect rent from you for it. IF brother in law has been appointed Personal Representative of the deceased's estate by the court, then he likely does have the authority to terminate your residency there. It is not clear whether you rented or were a guest or even an employee-caretaker of the deceased. That is important because it helps determine what the Personal Representative has to legally do to get you out of the property. It might take a few weeks or it could take several months or even conceivably could be almost immediately. If they seem to push the issue, review everything with a local landlord-tenant attorney to learn your rights and how to best proceed. It is likely though that in the end, you will have to vacate if you don't own the property at least in part. Most likely it is a question of how long, not if, you get to stay there.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
