Q: Can executor kick me out of home when my boyfriend is beneficiary?
My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate
A: This is impossible to answer without knowing all the facts such as how many beneficiaries there are in total and what the debts are that have to be paid. So yes, it's possible to get kicked out but again that depends on all the facts. Your boyfriend needs to consult with an attorney. You are only a guest of your boyfriend's so you can't take care of this.
A: I recommend your boyfriend consider consulting with a probate attorney to learn his rights. It's possible that he will need to vacate the home so that it can be sold. However, it is also possible that his attorney can help negotiate a settlement to allow you and your boyfriend to continue living there. If it is a financial strain it may be possible to request a partial distribution from the estate to assist your boyfriend with the expenses of a move. Ultimately, it's smart for your boyfriend to learn what his rights are as a beneficiary of this estate. Good luck!
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.
