Friend's Grandad died-now he has to move out+sell house?

buel

Hi,
Please can someone give me a bit of advice regarding a friend.
His Grandad, who was his unnoficial guardian but did raise him, had to go in a home 6 months ago. 2 months ago he died and my friend, who is 22, was left living in the home his grandad owned.
He is now being forced to move out+sell the house (worth approx £80k) to pay for the fees.

Does he have any rights please? Does he have to sell the home?

dunstonh

Does he have to sell the home?

who owns the house now?

It reads as it the house either has to be sold to pay IHT due to insufficient cash or if there was an unprotected mortgage that needs to be repaid. Can you clarify why the house needs to be sold?

There are no right for medium to long term. They cant kick out straight away. Notice has to be given. However, you dont get automatic rights on a property just because you have lived there. The new owner gets to decide that.

buel

Thank you for that.
I will find out as soon as possible.

So if the house now belonged to my friend he couldn't be made to sell the house to pay back the care home fees?
The house is only worth £80k and im 90% sure there was no mortgage on it.

dzug1

If the estate of the deceased owed those care home fees then the estate of the deceased, if solvent, must pay them. That will include selling the house if there is no other way of paying them. (eg mortgaging the house, other assets)

Who will inherit the house (or what's left of it) will depend on the will, if any, and on what surviving relatives there are if there was no will

buel

So if that is the case, can my friend make the claim that his Grandad's/his local council should foot the bill and not be forced to sell the house?

As for who owns it, while i wait for the answer, if there was no will, who would get the housek The Grandad's great grandson (a possibility that im not sure may actually be the case) or the grandad's daughters?

dunstonh

So if the house now belonged to my friend he couldn't be made to sell the house to pay back the care home fees?

If there are care fees still owned and the house has been transferred from the executors of the estate to your friend then it suggests that there has either been an attempt at fraud or the executor messed up.

The executor should have sold the house and paid the care home fees before distributing the remaining assets.

dzug1

buel wrote: »

So if that is the case, can my friend make the claim that his Grandad's/his local council should foot the bill and not be forced to sell the house?

As for who owns it, while i wait for the answer, if there was no will, who would get the housek The Grandad's great grandson (a possibility that im not sure may actually be the case) or the grandad's daughters?

Given that there were assets of £80K then the grandfather would have been self funding so no the council will not pay.

If there were no will the grandad's daughters would share the estate. If he had had another son or daughter who had died, then the offspring of that son/daughter would also get a share.

A great grandson would get nothing.

Two months is rather soon for any executor to have done anything