Can my late boyfriend's kids force me to move out or evict me against his last wishes?
Question Details: My boyfriend and I been together for 9 years; we live together in his home for the last 7 years. He passed away last month. He told he kids and me that I was to stay living in house for 1 year after he passed and the money in his personal bank account was to go to me to help with the bills and and stuff to make sure I would be OK until the year was up. Then after the 1st year, we were to sell the house and whatever money was left after paying house off was to be split 4 ways between his 3 kids and me. We each get 25% after sale. Well it's only been 2 weeks since he passed and his children and trying to force me to move out and now saying their gonna file an eviction on me and have withdrawn the money out of the bank.
If he had a properly signed and witnessed written will which expressed these wishes, then the will has to be followed and his family cannot do anything that violates the terms of the will--though if they try to, you would have to have the will probated to put into the courts and give it effect.
But only last wishes in a properly signed and witnessed written will are binding: last wishes expressed any other way have no legal effect and are not enforceable. Also, a girlfriend does not inherit unless there is a will leaving her something--but children will inherit when there is no will. So if your boyfriend did not put his wishes into a will, they are irrelevant: the house and the money and anything else your boyfriend had will go to his children, not you, and they can remove you from the property since you have no right to it.