My mum is desperate!

hardpressed

As your mother is coming up to 60 you may find that she is eligible for sheltered housing. Contact the council housing department.

Xxwkd

Giggle pig,
I have tried to tell my mum all that you have said. The family were not a close one so there would be no feuds. Nobody, including the sister know where the daughter is.
I tried to tell my mum that she wouldn't be able to stay there because he left no will and even if there were no family she still would not get to stay. But she was and still is devastated and in denial. It's not want she wants to hear so she doesn't listen. Just when I think maybe it has sunk in and she is starting to listen to sense, someone else goes and fills her head with false hope and because this is what she wants to hear she listens. She says she is not giving up without a fight but I don't think there is a fight to be had I think that she lost before she started.

Xxwkd

Dimey, she hasn't been paying rent, although I did suggest to her that she could sort out some sort of arrangement with his sister to pay rent and then maybe they would let her stay.
Yes we are trying to find the daughter although that also is proving very difficult.

Xxwkd

Hardpressed, the sheltered housing is a good suggestion I hadn't thought of thank you x

Dimey

If your Mum wants a fight then she's going to have to employ a solicitor.

What would she be fighting for?

If she wants to inherit her partner's third share in the house then she's not going to. You've said he'd died intestate so his estate will go to the nearest blood relative(s).

If she wants to continue renting the property then she's on to another loser. The Landlord(s) can give her notice to leave like any other landlord/tenant relationship. This is what they've done.

The deceased's sister and BIL will have to worry about the deceased's daughter's third share situation. Not your Mum.

Sooner or later your Mum will have to leave. Best do it sooner while you can take your time packing and get cheap storage for her belongings if she doesn't find a new place to rent fast enough.

If your Mum won't listen then there's something very wrong. Sorry to ask but is she mentally fit? If she is then you can only give her good advice and if she won't take it then you'll have to stand back and watch her handle the situation herself. Including being evicted if that's her choice.

Meanwhile, you could ask the council about eligibility for emergency housing and check out private rentals, in case it comes to that.

Dimey

Xxwkd wrote: »

Dimey, she hasn't been paying rent, although I did suggest to her that she could sort out some sort of arrangement with his sister to pay rent and then maybe they would let her stay.
Yes we are trying to find the daughter although that also is proving very difficult.

Hmm. Mum is in even more of a vulnerable position as she's not paying rent. The sister & BIL could demand rent from her, maybe even back rent. She's almost a squatter at the moment. (I'm not making a legal comment here).

Sounds best to me that she go quietly and avoid more trouble.

Xxwkd

Thanks all for your input and yes she is mentally fit just very distraught losing the love of her life and the home they shared is a lot for someone to deal with. I will try again to give her my best advice and hope she listens but as you say if she doesn't there is not much else I can do.

aspencer6

I'm sorry about the situation your mum has found herself in. This sort of thing happened to me when my father died without a will. My father was living with a women, not married, and they had been together 8 years. When my father passed away his partner assumed everything would be hers because of being his "common law" wife. There is no such thing. Myself and my brother were his legal next of kin and only we could deal with his estate, which was only enough to pay for his funeral. I thank god no big sums of money or a house were involved as it would have caused all sorts of problems with his partner. The only person entitled to your mums partners estate is his daughter, if she is still alive. It would then pass to her children, if she had any and she had passed away.

If you are not married and live with someone, make a will.

RAS

Hi

Assuming England and Wales here.

It is essential that you download the copy of the title deeds from the LKand regsitry immediately.

You not only need to know in whose name the flat is held but also the form of ownership.

If the flat was owned by the three adults as a joint tenancy, then on the death of the partner, the remaining tenants are the sister and her spouse, so the daughter would not inherit as the property is not part of the estate.

If it is tenants in common then the partner's share is in the estate and either the daughter or mum as dependent partner could claim on it.

webtalk

aspencer6 wrote: »

The only person entitled to your mums partners estate is his daughter, if she is still alive. It would then pass to her children, if she had any and she had passed away.

This is what I'm thinking as well - at least for the first X amount (don't know how much though).

I think the sister's solicitor is pulling a fast one saying the daughter doesn't come into it.

Get the names on the deeds. Only costs £3.00 from the Land Registry. Anyone can apply to see them I think (not 100% certain).