Unmarried mother's estate allows partner to live in real property free til death

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diana1158

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My mother died 11/2007 after battling brain cancer for 2 years, appointing me executor of her estate. She and I both in Oregon, my only sibling -brother- residing in Wyoming. She left all real estate, life insurance, and monies to my brother and I in equal shares in her will which was created in 10/2005. Real estate consists of a duplex in which she had lived on one side and rented the other side out. She lived with her "significant other" for about 23 years, though they never married. They did not mingle finances or buy anything jointly; he paid a monthly amount toward expenses to her on the first day of each month, and they split the cost of groceries equally. ( I lived one block away).
In her will is a clause allowing the man the right to live in half of the duplex, rent-free, until he dies -or moves out of his own will. He is not required to pay taxes, rent, or pay for major repairs -my brother and I are responsible for these expenses including insurance.She was 76 years old; he is 72.
My brother is furious about this, since it effectively renders our inheritance unusable and nothing but a liability. He wants to offer to sell and split 3 ways with the s/o;sell to the s/o at about 50 cents on the dollar and then split with me; or challenge the will's validity. The probate is done, and the man doesn't seem to want to move on, even were we to hand him 80,000 dollars. Help?
 
It is likely that your attempts to challenge the wills validity will be useless.

This part of the inheritance is not useless. Continuing renting out the other side of the duplex which should more than pay for the taxes and insurance.

Give the guy a break. He lived with your mother as her partner for a quarter of a century. This is what she wished for her life partner; to see that he was protected financially after her death and to keep what sounds like fairly greedy adult children from kicking the poor old guy out on the streets.

Be glad that she didn't leave everything to him (as I have done in my will with my partner).

Gail
 
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