Father in law passed away son still lives there

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 13 September 2017 at 6:39AM
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    Thank you for your kind words!!! We are not vultures, we do not want to remove him from his home and are happy to help hi. Find alternative accommodation. I believe my post was about who pays the bills, not evicting him!!
    Fair comment but please re read my post #18. It is so easy to end up with a long drawn out problem and all the legal iissues of insurance etc.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I found Insuring was easier(fewer restrictions) and cheaper with an occupant.

    Council tax is easy the occupier is responsible.

    The important thing is not to create a tenancy so no rent.
    they remain an excluded occupier like they were when lodging with their dad.

    if you want you can write up some terms like minimum/max time and notice, the prevuously mentioned 3months is probably a reasonable min as it often takes that long to sell(complete) a sale anyway.

    Ideally they should take over all the utilities especially the secondary ones, phone internet etc. as you want them to cooperate dressing and selling the property in timely manor and for that it is best to have the electric gas and water on there could be some compromise as we move into winter.

    What's the feeling are they going to be trouble or likely to be on side as one of the beneficiaries.
  • loulou41
    loulou41 Posts: 2,871 Forumite
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    You do need to sell. Why can't he continues to live in the house and pay the rent and the bills? I do not know the circumstances but if he was my son I would let him continue to live there after my death. There must be a reason why the father wants him out.
  • elsien
    elsien Posts: 32,753 Forumite
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    loulou41 wrote: »
    You do need to sell. Why can't he continues to live in the house and pay the rent and the bills? I do not know the circumstances but if he was my son I would let him continue to live there after my death. There must be a reason why the father wants him out.

    To be fair to all the other beneficiaries, perhaps?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    loulou41 wrote: »
    You do need to sell. Why can't he continues to live in the house and pay the rent and the bills? I do not know the circumstances but if he was my son I would let him continue to live there after my death.

    There must be a reason why the father wants him out.
    elsien wrote: »
    To be fair to all the other beneficiaries, perhaps?

    This ^

    It's possible that we will have one of our children living here when we die so we have put in our will that any resident child has a reasonable time to find other accommodation and pays all the household bills in the meantime.

    No rent will be paid because that would create a tenancy.

    It wouldn't be fair on the other beneficiaries if their inheritance was delayed by years while their sibling had the sole benefit of the house.
  • loulou41
    loulou41 Posts: 2,871 Forumite
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    I have got two adult children and the youngest one part lived in London and at the family over the weekend. I would hate to think when we pass his sister would sell the house and he will not be able to come and stay in the family. Going to rewrite the will and will ask solicitorto include person living the house to pay all bills. The sister has got her own house with our helpand in my will I will include a clause he can stay in the family house if he wants. I have given verbal instructions to my daughter and she is in agreement but reading this post I will make it formal. I believe to help which one needs more. I know most of you will not agree with me. I agree that the son should pay all the bills whilst he is living there.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    loulou41 wrote: »
    Going to rewrite the will and will ask solicitorto include person living the house to pay all bills.

    The sister has got her own house with our help and in my will I will include a clause he can stay in the family house if he wants.

    I agree that the son should pay all the bills whilst he is living there.

    If you have given your daughter a lump sum to help her buy a house, you could balance that up by leaving a larger share of your estate to your son.

    If your son is to stay in the house and pay on-going bills, think also about major maintenance. Will he be expected to pay for a new boiler or mend the roof? If he doesn't and the value of the house (and your daughter's inheritance) deceases, will your daughter have the right to make him do the repairs or sell up?

    Or will your daughter have to pay half of all major repairs and maintenance to a house she doesn't benefit from?

    If your daughter is to be a joint owner of the house from the time of your death, she may become liable for CGT when it is eventually sold which will reduce her actual inheritance.

    Lots to discuss!
  • Margot123
    Margot123 Posts: 1,116 Forumite
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    Don't give up. Why should you? You can have the squatter evicted and the costs deducted from their portion of the inheritance.
    The costs only account for money, and not the stress, anguish, sleepless nights, and toll on partners etc.
    I'd pay anything to get rid of my never-ending nightmare caused by my once wonderful brother.
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