If my dad’s girlfriend was living with him when he passed away, how much longed is she allowed to live in his home?

UPDATED: Sep 30, 2022

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If my dad’s girlfriend was living with him when he passed away, how much longed is she allowed to live in his home?

My dad had a girlfriend that lived with him for a couple years. Now that he’s passed away, how long is she allowed to stay in the home?

Asked on August 14, 2017 under Estate Planning, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she paid rent or any for of rent, she will be considered to be a tenant, therefore without a formal written lease, you can just give her a 30 day notice to vacate the premises. If she never contributed to expenses, then she is a "licensee", so you may be able to give even less notice, depending on state law. In either case, if she does not vacate the property by the date given, then you will need to take legal action (for a tenant an "unlawfule detainer"; for a licensee an "ejectment"). And do nothing to force her to leave, such as changing the locks, etc., as that can open up you up to a lawsuit for illegal eviction. Note, the above assumes that she is not on the deed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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