Partner died, can she stay?

florita1

This scenario relates to a friend of mine, let’s call her A, who I think is burying her head in the sand. I’d like to be able to support her but I’m not clear on the law. 

In summary, A’s partner died last year, they hadnt been together long and he left a house (with a mortgage) which they lived in. His will leaves his house to his children from a previous  relationship, aged 16 and younger. 

My friend has met up with the 16 year old to convince him to let her stay in the home indefinitely but I just don’t see how this will work? I thought the mortgage company would want the house sold and the proceeds split between the children. 

The reason I’m concerned is she has another home (funded by housing benefit who do not know she’s not living there - I know this is wrong) she could live in but is about to give that up under this illusion she can stay in the partners home. I think she should move back into the HB home before she loses everything but she’s convinced she will be able to stay until the children are adults. 

Can anyone advise me the likely course of action in this scenario and any indication of timescales? 

Voyager2002

Since the children are under-age there will certainly be at least one adult acting as a trustee and responsible for making decisions that are in their best interests. It is highly unlikely that the trustee would allow someone to live in the house rent-free indefinitely, particularly since the house will require some maintenance and funds are required for this.

The obvious first step is to find out precisely what the will says; whether any arrangements have been made for the partner (your friend); who is the executor and what they intend to do next.

getmore4less

My friend has met up with the 16 year old to convince him to let her stay in the home indefinitely

Children  have no legal say in this matter.

Who are executor(s)
they become the default legal owner of the house and trustee of the estate
(there needs to be 2 trustees for child trusts)

if the house was in his sole name then probate will be needed and the estate administered.

Any arrangement needs to be with the trustees.

I’d like to be able to support her but I’m not clear on the law. 
Based on what you have said(quite limited) she needs to deal with the executor/trustees of the will not a bunch of children.



Not a fan of benefit fraud myself but I am not you.


If the named executors are unable to act then as main beneficiaries the one(s) with parentql control for the children get first dibs for that job.

Soot2006

Really unfair to meet up with a bereaved 16yo  - potentially even coercive.

The only person A should be talking to is the executor of the estate.

If she pays market rent for staying in the house, there may be a deal to be done if the house isn't to be sold right away, but she will be a tenant.If the house needs to be sold, then it's a total non starter anyway unless she can buy it (which would need to be at market value).

Norman_Castle

If the property is mortgaged who will continue paying the mortgage?

"Indefinitely" to a 16 year old will be weeks or months, not years.

xylophone

His will leaves his house to his children from a previous  relationship, aged 16 and younger. 

Who is the exor of the will and why is your friend not discussing the matter with him or her?

Gavin83

Soot2006 said:

Really unfair to meet up with a bereaved 16yo  - potentially even coercive. 

I agree with this, really disgusting behaviour from your friend. I appreciate she’s in a difficult situation but that doesn’t excuse it.

On the point at hand she really has no choice than to move out or at the very least pay full market rent. As already mentioned in this thread the children are too young to give their consent so meeting up with the 16 year old was a pointless exercise anyway.

The executors will be the people responsible for making such decisions. However they’re legally obligated to provide the best outcome for the children and allowing an unrelated person to live there rent free for however long she wants does not fit into this category. If they agreed to this they could well face major legal issues, along with your friend.

Your friend really needs to find somewhere else to live. The likelihood of her remaining in that property long term is zero.

florita1

It’s been difficult to get details and I’m not sure A is honest with herself, or me. She has a history of not facing problems.

She knows there is no provision for her in the will. She has mentioned that it’s going through probate now. I’m not sure who the  trustees/executor of the will is.

I appreciate the advice, I think it’s pretty clear she needs to face up to the fact that she’s not going to be able to stay. I think she is struggling with this and by avoiding it, hoping it goes away. 

elsien

She’s already got somewhere else to live. 

Does she not realise what a can of worms she’s opening by refusing to go back to it?
She’s likely to have large amounts of housing benefit to repay and a possible prosecution for fraud if she’s not careful. 

Sea_Shell

Is her other home unoccupied, or has it been sub let!!?

If empty, I think you need to try and persuade them to move back sooner rather than later.

Is it local?   

Leave the executors to sort out the deceased house.

kazwookie

You need to get her to see sense, and help her pack up her stuff and move back to the HB property she already has.