Same Sex partner rights after death of partner

[gshugart]

My brother passed away last year, he was not married but did have a partner. My brother did have a will, which he left everything to his partner, but the will was not signed.
I, along with my younger brother are the executors of the estate. His partner acknowledged that the will was not signed, he was aware of when we filed with probate court and has not tried to introduce the will as valid.
My brother purchased a modular home and it was setup on land that he already owned. The land and house were in his name only. His partner says that he paid the loan off off the loan on the house. We originally agreed verbally to let him stay there as long as he wants, but did not have a written agrement. He now has let someone else move in with him and lets other come and go as they please, being there when he is not. We have told him we do not approve, but he says that is is his property. Does he have any legal claim to ownership of the house? Can we have him evicted if we choose to?
Our state of residence is South Carolina.

[AFFA]

I wish to inform you that same sex partner is not having any right to the property. As the will is not signed thus the burden is very heavy to prove that the Will was made by your brother. Further if the property is registered in your name at present then you may evict the same sex partner of your brother. The right to evict comes with the name of the person in whose name property is registered and not with making of payment. Although payments were made by other person but he has not got any right to ownership and thus may be evicted.

AFF

[gshugart]

Thanks, the estate is still in probate and the title to the house has no been transfered. Will the title have to be transfered to my brother and me before we can evict him?

[Friend In Court]

The partner can claim an equitable right in the property since he put money into, built equity. Anyone can make such a claim, regardless of their status. But in this case, he was your brother's partner. An unsigned will cannot be recognized by the court. But you know your brother's wishes, how much his partner meant to him and what their relationship was.

There is the law. And then there is the right thing to do. You can take advantage of the situation for your personal gain. Or you can honor your brother, the man who meant so much to him -- and follow your brother's wishes, give him the property as your brother wanted..

[gshugart]

There is a lot more going on with his partner and it is not that simple. The partner had not been living there full time for almost two years. He would only come back for maybe a week or two every six months. I think this is the reason my brother never signed the will. I feel like his partner did not care for him as much as he claimed, but rather saw him as a free ride. My brother and I were not close because of something that happened several years ago, I had not spoken to him in a while. My brother had heart problems I did not know about, but his partner did, and knowing this his partner chose not to be there when he was needed the most. Apparently his partner did not call and check on him everyday because my brother was dead a day before anyone found him. the partner called my brothers nephew to check on him when he did not answer the phone. That was on a Friday afternoon. The coroner said that brother passed away on the day before. If I had known my brother's health was this bad, I would have forgiven the differences we had and checked on him every day. Could, should would does not matter now, but his partner does not deserve this house.

His partner may not "deserve" the house but neither do you, considering your own estrangement from your brother.

You cannot evict him until Probate has been settled and a decision on who the house goes to has been made by court order.

He has a valid claim but not necessarily a legally viable claim. Just because someone puts money or whatnot into a home does not give them justification to make a claim, as "friend" suggests.

If he put any money or other investment into the home, he did it with the full knowledge that it did not belong to him. Therefore, he is out whatever money he sunk into it.

In real estate matters, verbal agreements are unenforceable and are looked upon as if they do not exist. There is a legal term called "Statute of Frauds" which you might want to research. Your verbal agreement with him over whether he can stay there or not is invalid.

The home is his legal residence and as such, he can remain living there without your "verbal permission' until such time a court decides he must move.