Friends dad died, can they live there until it’s sold

getmore4less

If they were living there at the time of death what were the terms of that occupation?

They could have a right to live there but they do becomes responsible for the bills.

dawyldthing

Dox wrote: »

More importantly, who are the executors? It is their decision. Just being a beneficiary gives you no say in this particular matter, unless you are also an executor.

I think the older sister and brother are (my friends the younger sibling of the 4

dawyldthing

Ms_Chocaholic wrote: »

I asked if they were a beneficiary in the event they could buy out the property from the other beneficiaries; as it's a 4 way split I'm not sure how likely this is.

I don’t think she’ll get a mortgage for the house sadly as I know she would have kept it on otherwise

dawyldthing

Ms_Chocaholic wrote: »

What does the will state in terms of who inherits the property.

I think it’s inherited 4 ways from conversations I’ve had with her. I know it’s got to be sold, but he literally only passed away a fortnight or so ago so didn’t know if she could stay there til it’s sold as there’s probate to go through, find a seller and it go through etc so I think it could take upto 4 month to sort.

dawyldthing

unholyangel wrote: »

you've mentioned the council and that they'll get a quarter of the sale value. Would that be enough for them to buy their own place - with a mortgage if necessary to cover any shortfall?

Its usually cheaper than renting - and you have an asset at the end of it. Usually because rent rates are high enough to cover the owners mortgage, costs & profit (at least when private).

Possibly. I think she’s mulling it over but it was pretty sudden his passing so I think she’s trying to figure out her options. I’ve asked if she’s going to go on the council list (if she goes down that option) but I don’t think she’s had chance with the lil one.

dawyldthing

Savvy_Sue wrote: »

Plus if they have 1/4 of the value of the estate, they may be ruled out of social housing, so looking privately is advisable.

I mentioned private to her. I think her sister said about council properties, but I know there’s a heck of a list in some areas so trying to help her with her options.

Thank you all for replying by the way. I’m just trying to help if I can as it’s tough for her with it being so sudden his passing and family being so funny with it all so trying to help her where I can

dawyldthing

Yorkshireman99 wrote: »

Legally they have no right to live there. If the resident was financially dependent. On the estate they can apply for the will to be challenged. Not quick or easy. The executors are responsible for the property maintenance and insurance. If they rent it to the resident the normal landlord rules apply and they are legally responsible for this. As for the council unless they are evicted the council have no obligation to house them.

That’s what I thought as I think she might be between the two as she lived there to help look after her dad but is financially independent (she worked up until lil one came and is going back to work). I don’t think she will challenge the will, it’s more finding out if she could have stayed there until it’s sold, mainly because between going back to work, trying to find somewhere to live, empty the house and look after the lil one it’s a lot for her to take on. And like you said I suspected that if she’s not evicted council won’t help.

I get that she’s got to move out but I’m more worried about her taking too much on.

dawyldthing

getmore4less wrote: »

If they were living there at the time of death what were the terms of that occupation?

They could have a right to live there but they do becomes responsible for the bills.

She’s happy paying the bills and stuff, I’m just worried she’s taking on too much as like I say she’s got a lot on her plate.

Thank you all for replying. I’ll send her the link later as I’m going to try and help her where I can

Savvy_Sue

Yorkshireman99 wrote: »

As for the council unless they are evicted the council have no obligation to house them.

And even if evicted, the council doesn't not automatically have an obligation to house them. Although with a child the likelihood is increased, what they are offered initially may be little better than bed and breakfast, and if 1/4 of the value of the house is due to them then the best advice could well be to rent privately.

p00hsticks wrote: »

It may cost a bit more to have the property empty, but it's likely to make a sale much easier - as a potential buyer, I wouldn't even consider putting an offer in on a property in these circumstances without seeing it vacant first.

Yes, and the conveyancing solicitor and estate agent would support that advice too.

It may be worth a calm conversation about timescales. After a death, everyone is likely to be more emotional and upset than usual, and people respond in different ways. Your friend may be hearing "you've got to move out immediately" when what is being said is "you'll have to move out before we can put the house on the market", and there may be an element of "and we'd like to move quite quickly with that." Obviously for her it's more emotionally difficult, because this is her home, and her child's home, and she shared it with her dad and presumably had a loving relationship with him. But for some people they process grief by 'doing', and clearing the house and cracking on with probate is part of their 'doing'.

AnotherJoe

I think a fair compromise would be, she lives there until probate has completed, which would be some months away especially if they are using a solicitor, that's a guaranteed six month delay. . The people (apparently) wanting her to leave "now" would seem to have little understanding of how long it will take for that process to happen.
She is also in the "driving seat" by dint of occupying it so if the executors wish to make her move out and she refuses they will need to take legal action.
However once it goes on the market it's better it's unoccupied. She is going to need to find alternative accommodation at some point so could start that process now.