Succession - Non Immediate Family

Suppose that the one coming to live with you is not within the class of immediate family but is a cousin, nephew, niece, or close enough friend to be deemed a significant other. Now all I suggest you do is send the landlord the following letter:

Dear Mr. Landlord:
Mr. or Ms. _______________ has come to live with me as a roommate.
Very truly yours,
___________________ Your name

-Send the letter certified mail return receipt and ordinary mail with a certificate of mailing.

-Then follow all suggestions that I have already listed under succession as to immediate family.

But now there are additional things that have to be done in order to demonstrate the emotional bond which need not be any sexual bond. Know here that the landlord may challenge at the point of succession and therefore this bond can be demonstrated by doing the following:

-Open a joint bank account with your roommate joint and survivor.

-Name your roommate as beneficiary of your life insurance policy.

-Go to family gatherings, dinners, etc. with your roommate and make sure you have photographs of the occasions.

-Take trips with your roommate and make sure you have photographs of these trips.

-Go down to the Municipal Building and obtain a domestic partners certificate.

-Appoint your roommate executor of your will and leave a substantial bequest to your roommate.

-If one of you travels, send postcards and gifts home to the other and make sure all this is documented.

Now not everything I have here listed need be done. But, the more that you do will make the claim stronger in building the record for succession. You can also consider adoption as an alternative which would by law make your roommate an immediate family member. (While you usually think of adoption in terms of children, there is nothing in the law that stops an adult person from adopting another adult.)

Robert A. Katz
Counsel to Queens League of United Tenants