advice - inherited a house but mum partner lives in house

peterpedro1980

hi all, just after a bit of advice.

My mum sadly passed away and myself and my brother inherited her house - i am applying for probate next week as im eldest.

my mums partner lives in the house, dosen't pay rent ( my mum owned the house outright, my dad passed away and the mortgage was paid) her partner has lived there around 12 months.

Now eventually i will request rent as we need the funds to pay legal fees etc but she also had debts - does this mean we WILL have to sell the house?

what is the situation if he refuses to pay rent? can we sell with him still living there ? get him evicted?

Any advice on this matter is appreciated

dzug1

You don't apply for probate because you are eldest, you apply because you are an executor named in the will. What - precisely - does it say?


If there are debts they must be paid - which will mean either selling the house or taking out a loan on it if there are no other funds


The house can be sold with him living there - but it will be difficult and will be at a knock-down price if it sells at all.

peterpedro1980

hi there,

there was no will, so im next of kin we are putting in mine and my brothers name.

ive never done this before so im seeking as much advice as possible

TonyMMM

Without a Will you are applying for Letters of Administration, not Probate although it amounts to the same thing.

Any debts will need to be paid if there are assets to do so ( which would include the house) - whether you need to sell the house will depend on whether you and your brother can settle the debts in any other way.

You and your brother would be entitled to charge the partner rent, but should be wary of creating a tenancy if you are intending to sell.

Have you spoken to the partner - what does he want to do, expect to happen ? Does he acknowledge he will have to leave ? Is he claiming any rights to the house ?
You need to have that conversation before deciding on the next course of action.

What legal fees are you having to pay - have you employed a solicitor to deal with the estate, in which case ask them what they advise ?

g6jns_2

ozzyosbo wrote: »

hi there,

there was no will, so im next of kin we are putting in mine and my brothers name.

ive never done this before so im seeking as much advice as possible

Someone will need to apply for letters of administration to administer the estate. See the sticky on this forum for more details. You will need to tackle the problem of what is effectively a squatter. Selling the house without vacant possession would be foolish. Read the stickies then come back if you need more help.

Savvy_Sue

Before you get too carried away, how large are the debts? Would they be covered by selling the house? If not, doing nothing to administer the estate might be the best option.

peterpedro1980

hi all, selling the house would cover the debts and legal charges with quite a lot left over.

the letters of administration were sent yesterday.

i just need advice on what to do with him living in the house as we dont want to be landords we just want to sell the house.

i will give him the option to see if he wants to buy it, which i doubt he can, but the fact he will be living there rent freewhile this is going through will give him time to save up to move elsewhere, so im not being cold hearted like some people may think

we dont really know him as hes not been on the scene that long i can just see this turning messy

nom_de_plume

Until you receive the Grant you are technically not in a position to do anything. Having said that a good starting point now would be to advise the partner of the situation and your plans for the property and gauge his reaction so you can plan the way forward.

When you do get further down the line you will be best placed to have him vacate the property before you market it if there's any likelihood of him refusing to move out when the sale concludes.

G6JNS

ozzyosbo wrote: »

hi all, just after a bit of advice.

My mum sadly passed away and myself and my brother inherited her house - i am applying for probate next week as im eldest.

my mums partner lives in the house, dosen't pay rent ( my mum owned the house outright, my dad passed away and the mortgage was paid) her partner has lived there around 12 months.

Now eventually i will request rent as we need the funds to pay legal fees etc but she also had debts - does this mean we WILL have to sell the house?

what is the situation if he refuses to pay rent? can we sell with him still living there ? get him evicted?

Any advice on this matter is appreciated

Urgently check that the property is insured. Policies often lapse upon death. The bottom line is that the partner has n o right to be there and can easily be evicted by a \high Court writ if need be. I would try and get him to leave with out that. Give him a month's notice to leave.

C_Mababejive

As far as i can see, he has no legal right to reside there so once you have completed the admin process, you can request him to leave and just change the locks.

goggle

you might also want to double check that the Partner hasn't acquired any rights to property/inheritance

You should also consider that this Partner was somebody special to your Mum & surely she would have wanted him treated right?

Your first approach probably needs to be
"George, We're really sorry but in order to pay off Mum's debts we are going to have to sell the house. We feel awful about uprooting you but we have no choice.
What are your plans? Are you planning on {going to your daughter's/moving to new town/staying in the area}?