Father in law passed away son still lives there

2

Comments

  • Mojisola
    Mojisola Posts: 35,551
    Name Dropper First Post First Anniversary
    Forumite
    The will states the son has 3 months to find alternate living arrangements.

    Our wills have a similar clause but also specify that the person living at the house has to pay all the normal bills.
  • Just reread the will, no mention of time limit like I was told, it was a verbal agreement that he would have 3 months. Is selling the house part of probate? What is the order it happens? Never had to deal with this before.
  • elsien
    elsien Posts: 32,522
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    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.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 11 September 2017 at 11:29AM
    Just reread the will, no mention of time limit like I was told, it was a verbal agreement that he would have 3 months. Is selling the house part of probate? What is the order it happens? Never had to deal with this before.
    The house cannot be sold until probate. To sell the house the executor will need vacant posession i.e. with nobody living there. He must give the son notice to leave ASAP and if need be he will have to be evicted. The executor's primary responsibility is to the estate and not the family.
  • silvercar
    silvercar Posts: 46,865
    Academoney Grad Name Dropper Photogenic First Anniversary
    Ambassador
    Talk of eviction seems premature. The parent has only just died, considering this is the son's home, you would think that the siblings would at least wait until after the funeral before planning on removing their brother from his home.

    The phrase 'vultures around a carcass' springs to mind.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Mojisola
    Mojisola Posts: 35,551
    Name Dropper First Post First Anniversary
    Forumite
    Just reread the will, no mention of time limit like I was told, it was a verbal agreement that he would have 3 months.
    silvercar wrote: »
    Talk of eviction seems premature. The parent has only just died, considering this is the son's home, you would think that the siblings would at least wait until after the funeral before planning on removing their brother from his home.

    Three months or so sounds like a reasonable time frame for him to get something sorted.

    I don't think any of the family are pushing to get him out immediately.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 11 September 2017 at 11:31AM
    silvercar wrote: »
    Talk of eviction seems premature. The parent has only just died, considering this is the son's home, you would think that the siblings would at least wait until after the funeral before planning on removing their brother from his home.

    The phrase 'vultures around a carcass' springs to mind.
    The point I was trying to make is that these sort of situations can drag on if the executors don't act in a sensible manner. They need to be firm but fair and explain to the son that they have a legal reponsibility to act in the best interests of the estate without bias. On a strict legal basis he has no right to be there now. There are all sorts of legal issues connected with having an unauthorised occupant. Also house insurance council tax etc.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    The point I was trying to make is that these sort of situations can drag on if the executors don't act in a sensible manner. They need to be firm but fair and explain to the son that they have a legal reponsibility to act in the best interests of the estate without bias. On a strict legal basis he has no right to be there now. There are all sorts of legal issues connected with having an unauthorised occupant. Also house insurance council tax etc.
    This is so true. I am currently in a similar situation, whereby I was far too easy-going and now have an unwanted squatter in a house I have jointly inherited, who doesn't pay any bills, and won't show any prospective buyers round (or worse still shows them the state it's in).
    I have learned the hard way that when it comes to money, family will act worse than strangers and take advantage of anyone who shows a slight weakness.
    I fear I may have to give up on my inheritance as the legal bills and the stress are weighing me down.
    So, moral is not to be too easy-going. Three months is ample time to at least begin the process of relocating.
  • Don't give up. Why should you? You can have the squatter evicted and the costs deducted from their portion of the inheritance.
  • silvercar wrote: »
    Talk of eviction seems premature. The parent has only just died, considering this is the son's home, you would think that the siblings would at least wait until after the funeral before planning on removing their brother from his home.

    The phrase 'vultures around a carcass' springs to mind.


    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!!
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards