Legal Question in Wills and Trusts in Georgia
wills
my boyfriend says you do not need to spend any money on a will....he has written down his requests on a sheet of paper, dated and signed it and has it in a box in his closet...he said if something happens to him to go by that....he and I live together and I'm afraid if he dies his family will not necessarily go by what is written down and I could loose everything.....someone could even say I forged it or changed it.....he may feel protected but I don't!!!! The home is under his name and he says in his ''will'' that I can stay there till I die....the place isn't paid off yet...how can it be his to leave to anyone? What's the best way for an unmarried girl to keep her home if he were to pass away? I guess I'm basically just a squatter right????? I hate this because I pay half the house payments and 1/2 the utilities when nothing has my name on it....I feel so vunerable....we've been living together for years now.....thank you
5 Answers from Attorneys
Re: wills
The first thing you should do is consult with a local attorney. From what you stated, the piece of paper he signed does NOT constitute a valid will.
Re: wills
Unfortunately, both of you have chosen a course of action that involves no commitment, and that continues after death. His "will" has the same legal effect - none. You refer to "your home," but it is really his house, and you accurately see that his desire to have you live in a house you don't own, with a mortgage, is meaningless. If you want protection, get married and get wills.
Re: wills
That "will" isn't worth the paper it is written on. At most, you may have a claim against his estate for the value of your contribution to the purchase of the house (which his family will fight), and you will also have to fight his family over the contents (they'll claim it's all his).
You should consult an attorney to determine what is needed to establish your rights as his heir; but the real issue is his willingness to execute a proper will and document your rights ih the house.
Re: wills
Your question indicates that you understand that you will end up without a house or credit for your contributions toward purchasing it, in the event that something happens to your boyfriend. The same is likely true in the if your relationship ends. You need to manage your risk of loss; therefore, it is advisable that you sit down with an attorney who can let you know what steps; other than marriage, could be taken by you and your boyfriend to secure your rights to the property.
Re: wills
If your boyfriend dies with the document you have, or if you split up, you're on the street. Unless you have him see a lawyer and do a proper will and deed, his family gets the home and you get zero.
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