Legal Question in Wills and Trusts in Pennsylvania
Will
I recently discovered my boyfriend is including me in his will. Here is the caveat, I shall be able to reside in his home upon his death as long as I so desire, I would be responsible for all expenses,taxes and maintenance etc. Should I desire to not live in the house it would be distributed between his sister,neice and 2 nephews. Here is where I am having a problem with that arrangement, I currently share expenses with him right down the middle,mortgage,taxes, improvements etc. Would there be any recourse for me if he should pass away before we can settle this. Thank you so much for your time.
1 Answer from Attorneys
Re: Will
Unless you and your boyfriend both own the home together, you do not have rights to the house after his death. Since you would be occupying it alone, i.e., without him, the expenses of the property would be yours. If the house lends itself to that, you might want to get a roommate to help with your expenses.
You may also be able to work something out with his estate, so that you would be paying less than all of the expenses during the time you live there. However, having a life estate (for your life, should you choose to live there for the rest of your life) means having to pay for the expenses associated with the house.
Unless your boyfriend is terminally ill now and unable to make any changes to his will, the situation may change over time. I assume that this information came to you from the boyfriend. Perhaps you could discuss with him the possibility of his having a life insurance policy to cover the mortgage balance upon his death, so that you could afford the rest of the expenses of keeping up the home.
Good luck. And I hope you continue to enjoy each other's company in health and happiness for a long time.
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