Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Ladybirds2012
    • By Ladybirds2012 10th Sep 17, 12:38 PM
    • 4Posts
    • 1Thanks
    Ladybirds2012
    Father in law passed away son still lives there
    • #1
    • 10th Sep 17, 12:38 PM
    Father in law passed away son still lives there 10th Sep 17 at 12:38 PM
    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.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 10th Sep 17, 12:46 PM
    • 2,950 Posts
    • 2,314 Thanks
    Yorkshireman99
    • #2
    • 10th Sep 17, 12:46 PM
    • #2
    • 10th Sep 17, 12:46 PM
    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.
    Originally posted by Ladybirds2012
    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
    • By DUTR 10th Sep 17, 12:48 PM
    • 10,873 Posts
    • 6,182 Thanks
    DUTR
    • #3
    • 10th Sep 17, 12:48 PM
    • #3
    • 10th Sep 17, 12:48 PM
    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.
    Originally posted by Ladybirds2012
    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.
    • getmore4less
    • By getmore4less 10th Sep 17, 1:09 PM
    • 29,748 Posts
    • 17,789 Thanks
    getmore4less
    • #4
    • 10th Sep 17, 1:09 PM
    • #4
    • 10th Sep 17, 1:09 PM
    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..
    • carlislelass
    • By carlislelass 10th Sep 17, 1:12 PM
    • 1,570 Posts
    • 3,819 Thanks
    carlislelass
    • #5
    • 10th Sep 17, 1:12 PM
    • #5
    • 10th Sep 17, 1:12 PM
    Is it local authority? Here tenancies are only passed to surviving spouse
    • elsien
    • By elsien 10th Sep 17, 1:16 PM
    • 15,040 Posts
    • 37,589 Thanks
    elsien
    • #6
    • 10th Sep 17, 1:16 PM
    • #6
    • 10th Sep 17, 1:16 PM
    Is it local authority? Here tenancies are only passed to surviving spouse
    Originally posted by carlislelass
    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.
    • Ladybirds2012
    • By Ladybirds2012 10th Sep 17, 1:36 PM
    • 4 Posts
    • 1 Thanks
    Ladybirds2012
    • #7
    • 10th Sep 17, 1:36 PM
    • #7
    • 10th Sep 17, 1:36 PM
    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
    • By elsien 10th Sep 17, 1:40 PM
    • 15,040 Posts
    • 37,589 Thanks
    elsien
    • #8
    • 10th Sep 17, 1:40 PM
    • #8
    • 10th Sep 17, 1:40 PM
    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
    Last edited by elsien; 10-09-2017 at 1:43 PM.
    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
    • By getmore4less 10th Sep 17, 4:03 PM
    • 29,748 Posts
    • 17,789 Thanks
    getmore4less
    • #9
    • 10th Sep 17, 4:03 PM
    • #9
    • 10th Sep 17, 4:03 PM
    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
    • By Yorkshireman99 10th Sep 17, 4:54 PM
    • 2,950 Posts
    • 2,314 Thanks
    Yorkshireman99
    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.
    Last edited by Yorkshireman99; 10-09-2017 at 5:17 PM.
    • CIS
    • By CIS 10th Sep 17, 5:14 PM
    • 9,966 Posts
    • 5,688 Thanks
    CIS
    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 as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Mojisola
    • By Mojisola 10th Sep 17, 6:53 PM
    • 28,204 Posts
    • 71,716 Thanks
    Mojisola
    The will states the son has 3 months to find alternate living arrangements.
    Originally posted by Ladybirds2012
    Our wills have a similar clause but also specify that the person living at the house has to pay all the normal bills.
    • Ladybirds2012
    • By Ladybirds2012 10th Sep 17, 9:02 PM
    • 4 Posts
    • 1 Thanks
    Ladybirds2012
    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
    • By elsien 10th Sep 17, 9:16 PM
    • 15,040 Posts
    • 37,589 Thanks
    elsien
    http://www.moneysavingexpert.com/family/guide-to-probate
    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
    • By Yorkshireman99 10th Sep 17, 9:24 PM
    • 2,950 Posts
    • 2,314 Thanks
    Yorkshireman99
    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.
    Originally posted by Ladybirds2012
    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.
    Last edited by Yorkshireman99; 11-09-2017 at 12:29 PM.
    • silvercar
    • By silvercar 11th Sep 17, 11:19 AM
    • 35,866 Posts
    • 151,014 Thanks
    silvercar
    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.
    • Mojisola
    • By Mojisola 11th Sep 17, 11:24 AM
    • 28,204 Posts
    • 71,716 Thanks
    Mojisola
    Just reread the will, no mention of time limit like I was told, it was a verbal agreement that he would have 3 months.
    Originally posted by Ladybirds2012
    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.
    Originally posted by silvercar
    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
    • By Yorkshireman99 11th Sep 17, 12:04 PM
    • 2,950 Posts
    • 2,314 Thanks
    Yorkshireman99
    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.
    Originally posted by silvercar
    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.
    Last edited by Yorkshireman99; 11-09-2017 at 12:31 PM.
    • Margot123
    • By Margot123 12th Sep 17, 6:56 PM
    • 42 Posts
    • 12 Thanks
    Margot123
    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.
    Originally posted by Yorkshireman99
    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.
    • Yorkshireman99
    • By Yorkshireman99 12th Sep 17, 7:16 PM
    • 2,950 Posts
    • 2,314 Thanks
    Yorkshireman99
    Don't give up. Why should you? You can have the squatter evicted and the costs deducted from their portion of the inheritance.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,563Posts Today

9,377Users online

Martin's Twitter