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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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My significant other of 22yrs unexpectedly passed away recently

Customer Question

My significant other of 22yrs unexpectedly passed away recently and I would like to stay living here. It's been my legal/public address and to continue my same living arrangements. Which he repeatedly spoke to me about keeping the house. Even though now I'm not sure how I'd afford keeping the Full house being I'm unemployed and he had told me not to worry he would support me. It is paid-off & I'd be responsible for upkeep & taxes.?!
There was not a Will and his out-of-state siblings have took charge of his estate-planning assets; This full 3 bdrm plus another 'finished room over garage' (frog), attic, in- groung pool, & two full garages. Plus owns 2bdrm townhouse w/renter, financing 2010 Chev. Camero
His next-of-kin is his 92yr old mother and beneficiary of $100,000 life insurance policy & $400,000 Gov't Thrift Saving Plan.
We all do have a loving relationship especially since we've been together so long and I took care of him.
Please help me if you can.
Thank You in advance,
Sincerely ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question, Debora. Please permit me to assist you.
If I may ask, does the mother in this case wish for you to remain on property? Is she willing to leave the house to you, or grant you a 'life estate' in the property?
Customer: replied 1 year ago.
I'm not sure. I have not asked her, I guess that should be done?
Customer: replied 1 year ago.
Only the out-of-state siblings have been involved. I could talk to her about it if that would be the right conversation to have?
Customer: replied 1 year ago.
Do I have any-kind of rights?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
I would be happy to discuss this situation but I do not use the phone, I use skype. If that is acceptable, I can forward you a request for additional services and I will be happy to discuss your issue directly. Please advise
If that is not acceptable I can simply type out my response.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Thank You Dimitry,
I am using a new Chrome Book & I should be able to dwld and use skype. I'm checking.
Customer: replied 1 year ago.
No Skype on Chrome Book But, I have it on my Apple Smart Phone, It's getting late how would you like to respond?
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
I am sorry about that, I was offline. If you are available, I can speak with you now for a few minutes--I should be available for an another hour or so. Please advise.
Customer: replied 1 year ago.
Hello Dimitry, I don't think I could afford this house on my own, plus I am unemployed.
Customer: replied 1 year ago.
Top of this page shows you are online, are you available?
Customer: replied 1 year ago.
Hi Dimitry, I've been trying to contact you & my $42 payment has already been paid. Would you please respond in writing as soon as possible to this post. This seems to be the only way to receive your responses as I am unable to check very frequently.
Thank You in advance,
Debora
Customer: replied 1 year ago.
Hello Dimitry, Would you please tell me when you'd be available for discussion on my question/situation.
Debora
Customer: replied 1 year ago.
9:08 pm Tues. May 19, 2015
Good Evening Dimitry,
I have sent you several msg's the last couple days but no response.You must know how desperate my situation is! I'll soon to be w/out a place to live or a place to take this household contents. I'm unemployed with only $1,500 a month income at this time & no support. I was counting on you to respond with Any options and/or rights I could utilize.
This is constantly making me insane & suffer panic attacks. Please respond here As Soon As Possible. My Fee has been paid.
Thank You, Debora
Customer: replied 1 year ago.
Hi AGAIN, Would you please contact me and let me know ahead of time How & When.
What I know now is the family wants to sell the house & I received a letter stating I have to find another place to live & move in by Aug. 1, 2015! I don't know how in the world I'm going to be able to find a place I can afford without a job and take care of all the furniture and stuff here by then!
Please Answer Back
Thank you
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dimitry Esquire replied 1 year ago.
Debra,
I do apologize, I am available now and will be available later on this evening--I had a family issue and could not log in. Please advise!
Customer: replied 1 year ago.
Dimitry,
Is there any kind of way to bide me more time here at my residence to get my life affairs together and to be able to financially live on my own? Please advise!
Thank you,
Expert:  Dimitry Esquire replied 1 year ago.
Debra,
I am sorry but based on the facts posted I cannot answer this for you as there is no 'yes/no' response. If you wish, we can discuss via skype, and if not, I can try to craft the best response that I can based on the information you have provided. Please advise.
Customer: replied 1 year ago.
Dimitry,
If you would please advise Online any direction for me to pursue in order to stay living here until I - and/or with your assistance can find housing I can afford That would also hold most belongings.
Thank you
5/31/15
Expert:  Dimitry Esquire replied 1 year ago.
Debora,
I can try to help. Did he leave any writings at all where he wanted you to stay on the property? Does not have to be a will, but any documentation such as even an email or a scrap of paper showing his intent?
Customer: replied 1 year ago.
Nothing so far in his handwriting that states how I would/could take care of it on my own. Only My written-down 'topics of discussion' with some answers that we did together.
5/31/15
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
In that case I am afraid I have unwelcome news so please do not blame the messenger. Ultimately your role and position here is, at least in the eyes of the law, as someone who is not slated to inherit as you were not listed in any documentation, nor you were a spouse, nor is there any outside letters or information listing his intent to leave you anything from the estate. Your own letters do not count since what would govern is anything in his hand or showing his intent, not how you wrote down his intent for yourself. Virginia also has no 'common law' marriage option, which means that you cannot claim rights as an informal spouse. That means that you are seen as a long-time occupant and tenant, but not owner.
The only option here is to speak with his children and family and have them agree to provide you something, because legally they do not have to provide you with anything other than your own assets that were on the property (such as jointly purchased furniture, clothing, appliances, and so forth).
I wish I have better news but I have to be honest with you even if the information is not fully favorable.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
I will keep looking. There is still more to go thru and I will inform you of such documentation/writing.
Which at this time leaves the issue of searching for a low cost, large enough, apartment preferably in Chesapeake with your help and advice.
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
Then please keep looking--if you find something you can possibly later argue that this was a 'holographic will' and utilize it to provide protection for yourself, but without anything in writing you are very much relying on the kindness of the family members as you yourself would not have any basis to the estate.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Ok thank you.
Can you assist/advise on Apartments?
Expert:  Dimitry Esquire replied 1 year ago.
You are most welcome, truly.
I am sorry, I am not clear on what information you are seeking as far as apartments are concerned. While I can explain the laws, I cannot find you housing. Please advise on your needs.
Sincerely,
Dimitry, Esq.
PS. If satisfied kindly do not forget to positively rate. Thank you!
Customer: replied 1 year ago.
How would I be able to find an apartment at low-cost, large enough, & desirable.
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
I am sorry but that is not really a legal question. Typically, however, you can go on websites such as www.craigslist.com and begin to search for housing. It is likely the easiest approach to take if you want to see multiple units. Another resource would be www.apartments.com.
Please take care and good luck to you!
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
I apologize my anxiety got a hold.
My legal question is in what ways could I find out if I had been left anything from the estate?
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
You can contact the county probate office and see if a will was recorded. If yes, you can obtain a copy and see if you are named. Otherwise, by default you are not entitled to anything as you are not a relative.
Sincerely,
Dimitry, Esq.

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