Father in law passed away son still lives there

My father in law has just passed away. He was widowed and has seven children, one of which is still living at home. My husband is the executor. We need to know who is responsible for paying household bills now such as gas/electric/ water. My father in law used to pay and his son paid him money (rent) each week. Do we now swap the names to the son and he pays the bills till the house is sold or keep it in father in laws name with the estate paying the bills till the house is sold and the son still paying his money into the dads account each week and the bills are paid from dads account? What's the correct way to do this, don't want to break any rules however the son can't live there rent/bill free.
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  • My father in law has just passed away. He was widowed and has seven children, one of which is still living at home. My husband is the executor. We need to know who is responsible for paying household bills now such as gas/electric/ water. My father in law used to pay and his son paid him money (rent) each week. Do we now swap the names to the son and he pays the bills till the house is sold or keep it in father in laws name with the estate paying the bills till the house is sold and the son still paying his money into the dads account each week and the bills are paid from dads account? What's the correct way to do this, don't want to break any rules however the son can't live there rent/bill free.
    The problem the executors have is that the son probably does not have a legal tenancy agreement. Thge executor need to get that sorted immediately because of the legal consequences of being a landlord.The deceased's bank account should no longer be open as the bank should have been notified of the death. That must be done at once.
  • DUTR
    DUTR Posts: 12,958
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    My father in law has just passed away. He was widowed and has seven children, one of which is still living at home. My husband is the executor. We need to know who is responsible for paying household bills now such as gas/electric/ water. My father in law used to pay and his son paid him money (rent) each week. Do we now swap the names to the son and he pays the bills till the house is sold or keep it in father in laws name with the estate paying the bills till the house is sold and the son still paying his money into the dads account each week and the bills are paid from dads account? What's the correct way to do this, don't want to break any rules however the son can't live there rent/bill free.

    You can't swap the name to the tenant, you need an up to date meter reading though to provide to the supplier, so that they can get the account up to date and closed in the deceased name.
  • What are the short/medium term plans sell or keep will the occupant be supporting the decision.

    DO NOT create a tenancy unless you want all the hassle of being a landlord and potentially not get them out if they decide to stay.

    Is the occupant a beneficiary?

    The occupant would normally be responsible for the council tax and bills but if they can't afford them or don't want to pay them all then they could move out leaving the estate to pick up the tab or the estate could support the cost and treat them like a caretaker till the place is sorted..
  • Is it local authority? Here tenancies are only passed to surviving spouse
  • elsien
    elsien Posts: 32,521
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    Is it local authority? Here tenancies are only passed to surviving spouse

    The OP says the house is to be sold, so no it's not a LA rental.

    Does the will say anything about the son staying in the house for any length of time?
    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.
  • The will states the son has 3 months to find alternate living arrangements. He doesn't have a tenancy agreement as he was paying his dad not a landlord. The will states the house is to be sold and split between the siblings. We would like the son to still be there till house is sold and he has somewhere to live hence still needing utilities on. Dads bank has been informed and we have been told we can pay money in still but not withdraw.
  • elsien
    elsien Posts: 32,521
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    edited 10 September 2017 at 12:43PM
    Take readings, let all the utilities, council tax, phone etc know that FIL has passed. If son is staying on he should be responsible for the bills for the time being, I would have thought.
    You might also find this service helpful.
    https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once
    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.
  • getmore4less
    getmore4less Posts: 46,882
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    If they will be cooperative and move out at sale time.

    Keep it simple have the take over all the bills(cleaner for estate accounts), help prep the place for sale and be caretaker rent free.

    Start the sale process and actively market as soon as it is clear you are ready to obtain probate.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 10 September 2017 at 4:17PM
    You need t get him out before you sell. It will be very difficult to sell with what is effectively a squatter in residence. How ever well intentioned if he remains after the three months he holds all the cards. The executors need to be very firm on this.
  • CIS
    CIS Posts: 12,260
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    The council tax charge has to go in to the name of the resident, he has no choice in the matter - whether he pays the charge directly or the estate somehow pays it for him is immaterial.

    He will be entitled to a 25% discount whilst he is the sole resident.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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