Q: My mother past away when me and my brother were teenagers . Our home was taken over by her boyfriend, what can we do?
They were never legally married and she never had a will, I have documents that state he took over her home, being next of kin do we have rights to the home?
A: If your mom owned a home at the time of her death, and she died without a Will, that property would pass to you as her children by the laws of intestacy. If she owned a home at the time of her death and died with a Will, that property would pass to you as beneficiaries of her estate under her Will (presumably). If she owned the home with her friend as joint tenants, that home would pass to her friend by right of survivorship. All depends on how your mother owned her home at the time of her death. Call a title company or a friendly realtor or the county recorder's office for the county where the home was located and see if you can't find out how title was held in the home at the time of your mother's death. That will reveal your rights and how you'll proceed. Of course, there can also be an agreement between your mother and her boyfriend that might throw a monkey wrench into your plans, but that will come out of the probate process. I would suggest you talk to a probate attorney before deciding anything.
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