Q. I resided with a 71-year-old male who died in November with no will, but I took care of him since 2002 and lived with him since 2005 because his health was diminishing. His family had basically abandoned him, never visiting or making any type of contact with him. I want to know if there is any way I can keep the house as my residence. We discussed his getting a will, but he died before he could get a lawyer. He was going to leave the house to me.
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A. You have a difficult situation. I have often joked that “when there is a will, there are relatives.” And in your case, because there is no will, I suspect that his family will suddenly claim to be his best friend and will want to take possession and title to the house.
When a person dies without a last will and testament, this is called “intestacy.” In simple terms, if you do not have a will, the laws in the state where the person died (or in some states where the property is located) will dictate who will get the property.
You have a heavy burden to prove that your friend wanted to give you the house on his death. I am concerned that you will not be able to show sufficient evidence should the relatives want to claim ownership by virtue of the laws of intestacy in your state.
I suggest you (or perhaps your attorney) talk with the family to see if anything can be worked out. Perhaps you can buy the house for a nominal amount, or perhaps the heirs will give you some money — just so that you go away and don’t file a lawsuit claiming ownership.
There is a moral to this story: If you own real estate, make sure you have a valid, enforceable and current last will and testament. It may cost you some money for legal fees to have this accomplished, but it will save your heirs (or whomever you want to have the house on your death) a lot of aggravation and money in the long run.