[Sandra25225]

My mother owned the house but passed away. She married right before. So I lived here for 19 years me and her husband got into an argument. When I went to give him the rent 2 months ago said he was going to evicted and didn't take my rent. Now I got my sixty day notice what do I do I don't want to lose my home?

[ebaines]

I assume that title to the property passed to your step dad based on terms of your mother's will, and that you do not have a written lease agreement, correct? In this case you are considered as leasing month-to-month, and in most states the landlord (your step dad) can end the lease with one month's notice, and you have no recourse other than to find another place to live. However laws vary by state, so tell us where you live and we'll see if there is any other recourse.

[AK lawyer]

If in fact title has passed to the step-father, Ebaines would be correct.

However I cannot assume that he has title. Unless the property was owned by him and OP's mother as tenants by the entirety (or joint tenants with the right of survivorship), the mother's estate would have to be probated before he can evict OP.

And, assuming a probate petition is filed with the court, he would have to be appointed personal representative (or whoever is appointed PR could have her evicted).

Of course whether he inherits the property would depend on whether she left a will or the terms of the intestacy statutes in OP's jurisdiction.

[ScottGem]

As your first two answers indicate, there are too many questions for us to make a definitive answer.

The most important question is what name(s) are on the deed. The second is where you are. The third is whether your mother's estate was probated or what?

Do you occupy the house alone?

[joypulv]

First thing I would do is trot down to the town hall deed office (today) and look at whose name or names are on the deed, and answer back here. This is public information, and is also in the tax office and on the property lists. Don't go by what her husband says. Not all estates get probated, and property has been known to remain in a deceased person's name. It won't change being evicted but you might be able to ask the court to delay it.

I know it's late, but what do you know about the possibility that she had a will?

[AK lawyer]

... whose name or names are on the deed, ...won't change being evicted but ...

If he doesn't have title, an action to evict should be dismissed.

[joypulv]

If he doesn't have title, an action to evict should be dismissed.

I meant that there could be hope for delay while probate took place, but chances are he would still get the house as spouse (absent a will), and could evict then.

[ScottGem]

If he doesn't have title, an action to evict should be dismissed.

Even if he doesn't have title, he could be the legal agent to act for the titleholder.

[AK lawyer]

Even if he doesn't have title, he could be the legal agent to act for the titleholder.

Yes, i.e.: PR (as I wrote earlier).