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

getmore4less

If she is supportive with the sale having it occupied will be far better than empty.

Most will not be put off by a probate sale occupied by a beneficiary unless it looks like the beneficiary is trying to stop the sale.

if the usual steps have been taken, decluttered and staged with the sign the occupant is intending to move(some stuff packed etc.) normal vacant possession will be possible.

If they insist on kicking the occupant out I would be walking with just the possessions I wanted and they would be left to deal with the clearing and prepping for sale etc. on their own.

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

Still needs answering.

AnotherJoe

Indeed, most houses for sale are occupied right until completion date !

dawyldthing

Savvy_Sue wrote: »

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.

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'.

I said to her even if it gets sold quick it will probably be 4 months or so until it’s all sorted out at least (a month or so for probate, could be a few weeks at least if not longer for a buyer then selling it takes its time. I know when I bought this it took 6 months as we was waiting on the probate etc to go through).

I forwarded it to her so she’ll be able to get bits to help as I said to her about the council place would take its time.

Getmoreforless- Her dad owned it outright. She was living there as a family member, not owner or on the deeds, but more to keep her dad company and help him (plus like I say she’s lived there all her life).

I said to her I think probate takes its time (I know like I said above when I bought this house it took 6 months to get probate and finally go through as it wasn’t granted before.) They are getting it granted first as I spoke to her other day about it and I said it should buy her some time as like I say she’s coming off maternity soon, dads just died etc so she’s juggling a lot of balls all at the same time bless her and this is another challenge to sort. I think she will use the money to buy, but the other problem is she’s going to part time so won’t get as big mortgage as she would have done a year and a half ago (but she’s got the lil one which is grand). There are places to buy for the amount she will get, but I think she will try and get a mortgage to find somewhere, but this also takes time.

Like I say she’s not being obstrotanat and will move out, but it’s more just giving her a bit of breathing space with having a lot on in a short space of time.

Thank you all for your help though

dawyldthing

AnotherJoe wrote: »

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.

That’s what I said to her as I was chatting to her last night and said you’ll have to get a letter from your siblings that want you to move out to start getting on the council list, plus while it’s going through I don’t know if the council would help

p00hsticks

AnotherJoe wrote: »

Indeed, most houses for sale are occupied right until completion date !

Yes, but they're usually occupied by the owners of the property that are actually instigating the sale and want it to complete - thats rather different than, for example, a landlord selling with a tenant still in place or the situation here.

As a potential buyer I'd be concerned that in these cases the tenant / occupier may dig their heels in and refuse to move out at completion. The advice usually given over on the housing board is not to proceed with a purchase of a rented property (or one occupied by someone other than the owner) until you are sure that there won;t be a problem getting vacant possession on comletion (which tends to translate as ensuring it is empty prior to spending money on searches, surveys etc)

getmore4less

Getmoreforless- Her dad owned it outright. She was living there as a family member, not owner or on the deeds, but more to keep her dad company and help him (plus like I say she’s lived there all her life).

Sensible to avoid any sibling breakdown but if that is happening anyway with lack of comprimise on timescales she may need to look after No. 1+1

she could point out there may be a case for a life interest even a limited one(say a year and if they keep harassing to get out quick she may have to look at protecting her and her child interests.

A caveat on those grounds would give her plenty of time even if she took no further action.

Something to have as backup if comprimise is not forthcoming.

Maybe the siblings think she won't move unless forced out and are trying to preempt a problem in a few months

getmore4less

p00hsticks wrote: »

Yes, but they're usually occupied by the owners of the property that are actually instigating the sale and want it to complete - thats rather different than, for example, a landlord selling with a tenant still in place or the situation here.

As a potential buyer I'd be concerned that in these cases the tenant / occupier may dig their heels in and refuse to move out at completion. The advice usually given over on the housing board is not to proceed with a purchase of a rented property (or one occupied by someone other than the owner) until you are sure that there won;t be a problem getting vacant possession on comletion (which tends to translate as ensuring it is empty prior to spending money on searches, surveys etc)

They are a beneficial owner of part of the property so occupied by an owner.

dawyldthing

getmore4less wrote: »

Sensible to avoid any sibling breakdown but if that is happening anyway with lack of comprimise on timescales she may need to look after No. 1+1

she could point out there may be a case for a life interest even a limited one(say a year and if they keep harassing to get out quick she may have to look at protecting her and her child interests.

A caveat on those grounds would give her plenty of time even if she took no further action.

Something to have as backup if comprimise is not forthcoming.

Maybe the siblings think she won't move unless forced out and are trying to preempt a problem in a few months

Possibly as they’ve (from the outside) been a bit forwards with trying to get it all done quick.

I’ve said to her about getting a letter from her brother and sister in case she goes down the council route, but she’ll need the money from the house sale to get a place if buying, so will be in a catch 22 situation.

Thank you for replying though folk. Just a waiting game for her now trying to sort stuff out, but I am grateful for the help as I’ve passed it on and hopefully will help her get stuff sorted (I think she will move out inbetween, but it’s finding somewhere and stuff as she’s literally lived there all her life so got all that stuff to sort and clear too)