Sun Sentinel Palm Beach Edition

Fiancé died and left home we lived in to friend

What are my options?

- Gary Singer Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@ garysinger­law.com, or go to SunSentine­l. com/askpro.

Q: I have been living with my fiancé in his house for a few years. Unfortunat­ely, he passed away recently. When I checked the deed, I found out that the house was set up as a life estate to go to his friend, who also lives there. The friend is now eager to sell the house, but I have been helping to support it and make repairs for the last couple of years. What options do I have in this situation? — Claudette

A:

Losing a loved one is never easy, and it can be even more challengin­g when you are left with complicate­d legal and financial issues to sort out.

Even though you have been living with your fiancé in his house for a few years, you face a difficult situation because the house was not set up to go to you.

Many people dread facing their mortality, and when entering a new situation, like becoming engaged, updating their estate plan is far down the list of what most people are thinking about.

If you have been helping to support the house and make repairs for the past couple of years, you may have a claim for some form of compensati­on.

However, the specifics of your situation will dictate what your rights are. Your first step is to speak with the friend to see if reaching a mutually agreeable solution is possible, such as allowing you to continue living in the house or receiving some form of compensati­on when the property is sold. Another idea may be to buy the property from the friend at a favorable price.

If the friend is unwilling to work with you, you may need to take legal action to protect your interests. Gather up as much documentat­ion as possible to show your contributi­ons, and speak with an experience­d attorney to see what options you have given your situation’s specific facts and circumstan­ces.

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