Columbia, SC asked in Estate Planning, Real Estate Law and Probate for South Carolina

Q: I was living with my boyfriend for 9 years in his home when he passed in Feb, 2020. He paid the mortgage.

His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is part of his estate? She has been gone from the home since 2009. I have been in the house longer than she lived there. How do she know what's his and what's mine? All the furniture was bought from my furniture creditors.

I know that SC law gives surviving spouse everything but I can't see her getting my hard earned things!

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: The surviving spouse has no right to anything that is yours.

2 users found this answer helpful

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