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I have been living with my mom and her husband since 2000,

Customer Question
I have been living...

I have been living with my mom and her husband since 2000, mom just past last friday...I feel like her husband is going to kick me out because he just found out that mom left nothing to him in her will, he is a double govt retiree so his retirement more than covers his mortgage and expenses...I was never asked to pay rent, just help them on occasions as their health was an issue, I work full time march til nov...what are my options and what can he do

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 4 months ago.Category: Legal
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Answered in 8 minutes by:
3/7/2018
Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,639
Experience: Attorney
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Dear Customer ,

Thank You for posting your legal question this evening. I'm attorney Bill assisting you.

Your right to remain in the property is real property and landlord tenant law question.

If you aren't a minor and are not under a lease agreement then the legal situation is the same as when your mother is living, you are living there at the discretion of the homeowner.

This situation remains current now.

If there was a will you may have been willed a right in the property and hence would have a right to remain in the house or at least contest the husband's ownership.

Even though he has been left out of the will, he would be entitled to claim a marital share of her assets unless there was a prenuptial agreement.

This law is set out here:

"

524.2-202 ELECTIVE SHARE.

(a) Elective share amount. The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:

If the decedent and the spouse were married to each other:The elective-share percentage is:

Less than one yearSupplemental amount only

One year but less than two yearsThree percent of the augmented estate

Two years but less than three yearsSix percent of the augmented estate

Three years but less than four yearsNine percent of the augmented estate

Four years but less than five years12 percent of the augmented estate

Five years but less than six years15 percent of the augmented estate

Six years but less than seven years18 percent of the augmented estate

Seven years but less than eight years21 percent of the augmented estate

Eight years but less than nine years24 percent of the augmented estate

Nine years but less than ten years27 percent of the augmented estate

Ten years but less than 11 years30 percent of the augmented estate

11 years but less than 12 years34 percent of the augmented estate

12 years but less than 13 years38 percent of the augmented estate

13 years but less than 14 years42 percent of the augmented estate

14 years but less than 15 years46 percent of the augmented estate

15 years or more50 percent of the augmented estate

(b) Supplemental elective-share amount. If the sum of the amounts described in sections 524.2-207, 524.2-209, paragraph (a), clause (1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under section 524.2-209, paragraphs (b) and (c), is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in section 524.2-209, paragraphs (b) and (c).

(c) Effect of election on statutory benefits. If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead rights and other allowances under sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged against but are in addition to the elective-share and supplemental elective-share amounts.

(d) Nondomiciliary. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death."

We are here to help so please follow up with me as necessary.

In return your positive feedback gives me a credit today for my time.

I'm an independent legal expert and rely on your positive feedback to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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Customer reply replied 4 months ago
I am 55 yrs old, mom and her husband are 75
Lawyer: Bill Attorney, Lawyer replied 4 months ago

Yes, so your rights will depend on the determination of home ownership according to the will.

If you are a dependent and not self-sufficient you would have greater rights to remain in the home or negotiate some sort of solution with the husband.

I'm an independent legal expert and rely on your positive feedback to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

Ask Your Own Legal Question
Lawyer: Bill Attorney, Lawyer replied 4 months ago

Dear Customer ,

I was reviewing your question posted and didn't receive a reply from you.

Have you found a legal solution or do you need any further clarification ?

I'm an independent legal expert on this site and receive a credit for my time only after you leave a positive rating.

Your brief time in this regard is appreciated.

By rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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