Urgent advice needed

Morrigan_2020

AdrianC said:

Morrigan_2020 said:

SpiderLegs said:

Wheretostart90 said:

His dad is planning on going Friday, changing the locks and emptying their stuff out the house which I don't think help the situation and maybe he will get into trouble? 

Oh I’m sure it’ll be perfectly fine.
Please keep us informed, with pictures if possible.

He's just lost his son remember, he didn't choose to become their landlord.

Nobody has just become a landlord.

The deceased's day-to-day management of the business he's been running badly for years has simply been taken over on his behalf by the executor of his will. It is the deceased who is still the landlord, and who still bears the legal responsibilities for the tenancy itself, through his estate. The executor will be responsible for any actions he takes on the estate's behalf.

Ok, but that wasn't really my main point with that post.

getmore4less

AdrianC said:

Morrigan_2020 said:

SpiderLegs said:

Wheretostart90 said:

His dad is planning on going Friday, changing the locks and emptying their stuff out the house which I don't think help the situation and maybe he will get into trouble? 

Oh I’m sure it’ll be perfectly fine.
Please keep us informed, with pictures if possible.

He's just lost his son remember, he didn't choose to become their landlord.

Nobody has just become a landlord.

The deceased's day-to-day management of the business he's been running badly for years has simply been taken over on his behalf by the executor of his will. It is the deceased who is still the landlord, and who still bears the legal responsibilities for the tenancy itself, through his estate. The executor will be responsible for any actions he takes on the estate's behalf.

Intestate there is no executor.

Executors get their authority to act from a will.

With intestate until the are letters of administration no one has the right to act although in practice the prospective  administrator can get on with stuff as most people you interact with don't care.

getmore4less

Wheretostart90 said:

It looks as though Friday won't be happening now. 
His son who passed away had one daughter who is 16, everything will eventually go to her if there is anything once everything else it paid off. 
My husbands dad asked her to sign something to say he could handle everything on her behalf, however her mum took her to another solicitor who advised her mother should also be involved. That's annoyed him and now he's p*ssed, said he's not doing anything now and they can deal with it. Toys thrown out the pram. 
His son never helped her mum and she is owed thousands in CSA so his dad and sister think shes after that. Personally I think she should have what she's owed but that's me. 

I thought he had to be made representative of the estate via court to do anything, he said he has but if that's the case why would he need her to sign something?
There is no will. 
I think he feels he was trying to get everything done and maybe focusing on that instead of grieving.
Then lashes out because he can't actually cope. 
Many decisions he has made since his son has passed has made me question things as it's not what I've read should be happening. 
Then I'm trying not to come across as a cow by constantly pointing it all out. 
Then he says he has a solicitor so I assume they should be telling him right from wrong. 
 
At the same time there is no talking to him. 

Within the first week he transferred all the household bills over to him and had them paying rent so he could continue paying the mortgage. 

Could they not have just gotten the house repossessed by the mortgage company, paid whoever is owed money (debts) then given his daughter the rest? 

The daughter could not sign her rights away,  those with parental responsibility have first right to administer.
Other than the house what other assets were there?
If there is a debt against the estate for unpaid CSA that would eat into that.

The house is not an asset of the estate only the equity after the mortgage H2B and selling costs are paid off.

Might be best to let go as this is not looking a straightforward estate. 

GDB2222

I agree that this is a hot potato. The dad is not in a good place at the moment, and he should breathe a sigh of relief that someone else is happy to take over. 

Wheretostart90

The daughter has said that she was advised to have her mum as a signatory by another solicitor. 
However, they still want him to sort everything out but her mum would have to sign also if funds were touched only. 
They don't want to sort anything out. They will leave that to him. Which is what has annoyed him. 
No idea what will happen now as he has said he's not sorting any of it.  

RAS

If there is any chance that your OH can talk sense to your FIL, I'd suggest that he reads up on "intermeddling" as what FIL has already done almost certainly constitutes intermeddling and he is therefore OBLIGED to administer the estate.

Otherwise, I'd suggest that FIL pays to see a solicitor to explain what he has done so far and whether this constitutes intermeddling. If so, he is legally liable for any loss by the heir as a result of his actions/inactivity.

You may want to put a brief summary on the probate forum with a link here for people to get more detail if they wish?