Clearwater, FL asked in Estate Planning, Real Estate Law and Elder Law for Florida

Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be reviewed) and or via probate via the Will. While the boyfriend can try to make things difficult and can always try to get an attorney and file a lawsuit or make a claim in probate, based on what you have described he should not and likely will not have a claim if all you have stated is accurate, he should well be aware of this if he has spoken with a real estate, probate or estate planning attorney on matters of this type.

Terrence H Thorgaard agrees with this answer

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