Legal Question in Wills and Trusts in California

Will Boyfriend live in mate
Man lives with woman for 20 years boyfriend-mate-no prenuptial! Girlfriend dies and leaves her house to her son. Boyfriend of twenty years shared all bills with girlfriend-son wants to put boyfriend out on street.

is the boyfriend entitled to anything?

Asked on 3/15/09, 5:22 pm

3 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

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Re: Will Boyfriend live in mate

1. How was the property titled? This may be a major determining fator.

2. Quantum Meruit - this means you can recover for payments that were actually made.

3. Still entitled to 60 days Notice as a residential property tenant.

Please feel free to contact me directly if you require additional assistance.

Answered on 3/16/09, 4:46 pm

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Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: Will Boyfriend live in mate

Maybe. A lot depends on the specific facts of your situation, but the important thing is to make a creditor's claim in the probate proceeding before the time limit runs. The limit is generally four months from the time probate is opened, and usually lasts no later than a year from date of death.

The claim can be based on any number of things: reimbursement of what he has paid, oral and/or written agreements between girlfriend and boyfriend, promises to take care of the boyfriend and perhaps even a putative spouse claim.

Answered on 3/16/09, 7:12 pm

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