Springfield, MO asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Missouri

Q: My partner passed away. His brother is executor and has told me to leave the home. I have lived here for 7 years

Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole caregiver and took very good care of him in the last term of his life. I have taken care of this home financially for the entire period of time that I have resided here. It is paid for, but there are taxes that are due and the house is going to be sold as soon as possible because his brother lives out of state. What are my rights as the person whom the deceased wanted to be taken care of as best as was possible? He left his only son 1/3 of the proceeds of the sale of house. Bill wanted to protect me and I know he would not want me to become homeless yet his brother as executor has only given me 7 days to get out of the home. What are my rights?

1 Lawyer Answer
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
  • Landlord Tenant Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30 days notice to leave. You should consult an attorney if you believe your partner was subject to undue influence in creating his will.

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