Can my mom’s late boyfriend’s son kick her off of the property?

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Can my mom’s late boyfriend’s son kick her off of the property?

My mom’s boyfriend just passed. The property where he and my mom lived was in his name only. Now his son is telling my mom she has 30 days to get out. How can he

do this when the property is not in his name and their was no Will left?

Asked on November 2, 2016 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Boyfriend/girlfriend is not a legal relationship--it gives your mother no rights. When there is no will in Kentucky, the child(ren) inherit(s) everything--so if there is just the one son, he inherits the home, since it was in his father's name only. He will also almost certainly be made the personal representative or administrator for the estate, which gives him the right to decide what to do with it for the benefit of the beneficiaries or heirs--i.e. for his own benefit. Therefore, since he will inherit the home and is likely the personal representative, he as the legal right to force your mother to leave, since she has no legal right to live there once her boyfriend passed.


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