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  • FIRST POST
    • Ladybirds2012
    • By Ladybirds2012 10th Sep 17, 12:38 PM
    • 4Posts
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    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 2
    • Ladybirds2012
    • By Ladybirds2012 12th Sep 17, 10:11 PM
    • 4 Posts
    • 1 Thanks
    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.

    The phrase 'vultures around a carcass' springs to mind.
    Originally posted by silvercar

    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!!
    • Yorkshireman99
    • By Yorkshireman99 12th Sep 17, 10:35 PM
    • 3,281 Posts
    • 2,634 Thanks
    Yorkshireman99
    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!!
    Originally posted by Ladybirds2012
    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.
    Last edited by Yorkshireman99; 13-09-2017 at 6:39 AM.
    • getmore4less
    • By getmore4less 13th Sep 17, 6:04 AM
    • 30,198 Posts
    • 18,051 Thanks
    getmore4less
    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
    • By loulou41 13th Sep 17, 8:12 AM
    • 2,626 Posts
    • 170 Thanks
    loulou41
    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
    • By elsien 13th Sep 17, 8:17 AM
    • 15,282 Posts
    • 38,362 Thanks
    elsien
    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.
    Originally posted by loulou41
    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
    • By Mojisola 13th Sep 17, 9:44 AM
    • 28,504 Posts
    • 72,631 Thanks
    Mojisola
    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.
    Originally posted by loulou41
    To be fair to all the other beneficiaries, perhaps?
    Originally posted by elsien
    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
    • By loulou41 13th Sep 17, 12:34 PM
    • 2,626 Posts
    • 170 Thanks
    loulou41
    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
    • By Mojisola 13th Sep 17, 1:14 PM
    • 28,504 Posts
    • 72,631 Thanks
    Mojisola
    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.
    Originally posted by loulou41
    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
    • By Margot123 13th Sep 17, 3:55 PM
    • 189 Posts
    • 156 Thanks
    Margot123
    Don't give up. Why should you? You can have the squatter evicted and the costs deducted from their portion of the inheritance.
    Originally posted by Yorkshireman99
    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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