My Mom has no record of rent paid by her tenant

[squeezebox]

North Carolina:

My Mom (78 years old) has a tenant who has been living with her for about 8 years now

He pays very little rent moneywise (He works around my Mom's house to "pay" for most of his rent) and what little he pays is with cash, with no receipt given to him by my Mom

This may be actually for the Wills and Trusts Forum, but, I'll start here.

My question is this:

If my Mom were to pass away, is there any way this guy could claim some kind of "Common Law Marriage" thing, arguing he was living with her for many years "rent free" and thus try and get his hands on some or all of my Mom's estate?

Even if above not a problem, another question is if he is still living there when she passes away, what can we (my brother, my sister, and me) to get him out of her house quick..does he need 15 days notice, 30 days notice? etc.

Thanks!!

 

[xylene]

If my Mom were to pass away, is there any way this guy could claim some kind of "Common Law Marriage" thing, arguing he was living with her for many years "rent free" and thus try and get his hands on some or all of my Mom's estate?

Even if above not a problem, another question is if he is still living there when she passes away, what can we (my brother, my sister, and me) to get him out of her house quick..does he need 15 days notice, 30 days notice? etc.

Thanks!!

North Carolina does not allow common law marriage.

If mom dies, you will have to give the tenant proper notice per your state laws as required for month to month tenancies.

You should have a lawyer help you with this as part of the many things you will want legal help with concerning the estate of a parent.

 

[Who's Liable?]

It would be smart for the OPs mother to draft a lease for the tenant. Even if it's for only $100 a month, it is still a hard copy that can't be refuted.

 

[Alaska landlord]

Me thinks there's more to this story than OP would have us believe.

 

[squeezebox]

Not sure what you are insinuating about "more to this story"....feel free to share

Wish I knew more of the story actually as in I wish i knew more about this guy. Guess a criminal check is in order.

The little bit more of the story I DO know is:

This guy lives in a small bedroom in my Mom's house

Is now retired (Ie: I do not know what his income is)

Has no family that communicates with him for some reason

Is in his late 50's / early 60's

Spends lots of his time puttering around my Mom's house, with his Projects lasting way longer than they should (ie: now 4 months and counting on the staining a 600 s.f. deck)

My instincts just keep whispering in my ear comments like "what is wrong with this picture?"...just a gut feeling...that's all

Thanks for the feedback