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SuperSue2
Jan 31, 2011, 04:24 PM
My father had property in Madeira, Portugal and died without a will. He did leave a document saying his girlfriend (not spouse) could live in the property until she dies. Is there any way around this document? Or do I have to wait until she dies to claim property? If I go there to be a permanent resident can I have her vacate the property? Any assistance would be appreciated. Thanks, Manuel Ferreira

AK lawyer
Jan 31, 2011, 05:00 PM
I seriously doubt that you are going to get an expert on Portuguese law to answer this question. If it were a U.S. or even a Common Law jurisdiction, I would be fairly sure that unless this "document" meets the requirements for a will, or a contract enforceable against the estate, the girlfriend would not have an enforceable interest. But I don't know how the Portuguese laws treat this sort of thing.

If I were you, I would contact a Portuguese lawyer.