Hardpan Curmudgeon SASS #8967 5,489 Posted November 22, 2020 A tragic tale. I have an old SASS friend who for the last fourteen years has lived with his sweetheart on her little 10-acre “ranch” in Arizona. Over the years, he has contributed to the household in a number of ways, from paying the property taxes, to repairs, upkeep, and property improvements. These capital improvements included structural, plumbing, electrical, and construction of a shop to house his equipment and large metal-working machinery (milling machines, lathes, etc). He also played a major role in supporting her passion, animal rescue – at any times up to three dozen or more dogs, horses, mules, etc. Although they had discussed it, both being in their 70’s, they never did officially marry. But they did share in everything, including bank accounts. On the morning of October 30, the Friday before the election, his sweetie woke my friend and said “Something’s terribly wrong! I just dreamed that the Democrats won everything!” Those were her final words; she literally put her head down and died. Needless to say, my friend has been devastated. But to compound his grief, he discovered that evidently a number of years ago (while he was on an out-of-state work assignment for two months or so) his darling had signed a “Beneficiary Deed” leaving the property to a neighbor! (Mr Neighbor said that she had expected that she’d outlive my friend, and that she wanted the neighbor to take care of the animals after she went). So, my friend is still mourning the loss of his loved one. And yesterday, he received a letter from the neighbor’s attorney, demanding that he vacate the property within five days – and that any personal property left behind would be forfeit, and encouraged him to abide by this demand to avoid incurring legal expenses. Obviously, he needs a lawyer. But finding a lawyer Thanksgiving Week will be near to impossible. So much for the five day thing. With that, might there be any sage advice from the Saloon…? 4 Quote Share this post Link to post Share on other sites
Sedalia Dave 11,889 Posted November 22, 2020 Find a lawyer and get a stay of eviction ASAP. He may have some standing as their life could be considered common law marriage and this may be why they are acting so fast. 3 Quote Share this post Link to post Share on other sites
Uncle Ethan # 94321 61 Posted November 22, 2020 Yes find a lawyer ASAP. Also tell him NOT to leave. Envision would take some time and as this has been his residence may have some rights. 2 Quote Share this post Link to post Share on other sites
Hardpan Curmudgeon SASS #8967 5,489 Posted November 22, 2020 1 minute ago, Sedalia Dave said: Find a lawyer and get a stay of eviction ASAP. He may have some standing as their life could be considered common law marriage and this may be why they are acting so fast. Arizona is not a "Common Law" state... He definitely needs a lawyer. I sent him links to the Arizona Legal Aid, Arizona Law Help, and Arizona State Bar Association. But it's doubtful he'll be able to find help this week. I don't think the man is in any condition to start packing.... 1 Quote Share this post Link to post Share on other sites
Sedalia Dave 11,889 Posted November 22, 2020 11 minutes ago, Uncle Ethan # 94321 said: Yes find a lawyer ASAP. Also tell him NOT to leave. Envision would take some time and as this has been his residence may have some rights. ^^^ THIS It takes a court order to evict someone 3 Quote Share this post Link to post Share on other sites
Marshal Mo Hare, SASS #45984 6,843 Posted November 22, 2020 (edited) There is a lot about The Common Lawthat goes beyond two folks living together but he is in Arizona where the common law, as I understand it, is Spanish, not English. He must consult an attorney ASAP. another thought, if she died Oct 30, there has not been time to probate anything. But then again, there the common law is different. Edited November 22, 2020 by Marshal Mo Hare, SASS #45984 1 Quote Share this post Link to post Share on other sites
Blackwater 53393 5,444 Posted November 22, 2020 It is also possible that he could claim squatters’ rights or homestead rights!! Don’t, under ANY circumstances, let him leave the property! 1 Quote Share this post Link to post Share on other sites
Red Gauntlet , SASS 60619 823 Posted November 22, 2020 The lawyer's demand that he leave is brutum fulmen. As others have said, under no circumstances should he leave the property in response to it. 1 Quote Share this post Link to post Share on other sites
The Original Lumpy Gritz 7,188 Posted November 23, 2020 Tell him they my close the accounts and to take precautionary action. OLG Quote Share this post Link to post Share on other sites
Duffield, SASS #23454 910 Posted November 23, 2020 Make him cancel all credit cards and empty the bank accounts ASAP! The joint accounts probably go to the survivor but with an attorney and neighbor that issue empty threats to scare him into abandoning without a fight I would not take chances. Duffield 2 Quote Share this post Link to post Share on other sites
Smoky Pistols 661 Posted November 23, 2020 Will be interested to see how this plays out, but whatever the outcome do as the others suggested and DO NOT vacate the premises of his own volition. Quote Share this post Link to post Share on other sites
watab kid 969 Posted November 24, 2020 agreed - do not vacate , play it out as suggested above because i think they know better than i do , not right - but lots of things are NOT right in this world , Quote Share this post Link to post Share on other sites
