My boyfriend and I lived on his farm for 15 years. He promised me that I could stay until I die. He died. Can I stay?

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He made promises that many people heard but I have nothing in writing and now his child wants me to move. What are my rights? Do I have to move?

Attorney Answers

4
Howard Clifford HoytDUI / DWI AttorneyLees Summit, MO ·
You are probably out of luck. The deed to the property controls unless there is a will with you having a life estate in the property. Oral promises mean nothing. Sorry.
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Stephanie R. KleyhBusiness AttorneyLiberty, MO ·
Unfortunately, as you and your boyfriend were not married and he did not leave a will, you will likely have to move. Because there's no will, Missouri's intestacy statute will apply. Under this law, when a person dies without a will, his property will first be distributed to his surviving spouse. Assuming he didn't have a wife while he was your boyfriend, his property would then be distributed to his children. One possible way that you might still have a right to live on the land is if your name is included on the deed. However, based on the way you phrased your question, it seems that your boyfriend was the only one who owned this property/the only one who's name is on the deed. For a more in-depth discussion about your options, I'd recommend you seek out a local estate planning attorney. You can use 's "Find a Lawyer" function to find one. I'm sorry for your loss, and am wishing you the best of luck in this tough situation.
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Steven Spewak ·
If your boyfriend did not leave a will giving you rights in the farm, the legal beneficiary of the farm (the person named in his will or his children if he left no will) probably have the right remove you from the farm if that is what they desire. However, it is possible that rights of his child and you could be affected by other factors such as how legal title to the farm reads. You should consult with a probate lawyer who can ask additional questions and determine title to the farm to further advise you if you do have any rights.
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Stuart Obrien ·
Your situation is not good. The consensus is correct in that you will have to leave.....eventually. Since your presence was permissive until his death, your presence will have to be determined to be unlawful before you can be forced to leave. This is not a hasty process.
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