Partner died, can she stay?

Marcon

florita1 said:

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? 

So she's committing benefit fraud and trying to coerce a child who's just lost his dad that because she lived with his dad for a few months, she should be allowed to squat in the family home for as long as she wants? The best 'support' you can give it to point out some facts of life (and death) before she really gets herself into trouble - and possibly into court.

rachel230

What a lovely friend you have.
Two free homes to live in, neither of which she deserves. And trying to manipulate a grieving youngster.
Greedy, dishonest and without a conscience.  I hope she is reported for fraud, heavily fined and the council home is given to someone who actually needs it.

Malthusian

elsien said:

She’s likely to have large amounts of housing benefit to repay and a possible prosecution for fraud if she’s not careful.

I imagine it depends on how long "not together long" is. Presumably people on housing benefit are allowed to stay over at their new boyfriend's house without losing HB, until the point it becomes a permanent arrangement.

If the HB home has been left abandoned for months or even sublet, then I agree she has a big problem.

The OP might even be able to point out to their friend that she needs to move back to her HB property without delay, because the longer she doesn't, the less able she is to argue that she was just staying over at her partner's property and hadn't moved to it, if housing benefit officers come knocking.

If she doesn't the executor will probably shop her to the police / DWP to help get her out of the property and get it sold as quickly as possible.

Has she been paying part of the mortgage? This is probably very unlikely, but if she'd been sharing the cost of the mortgage it's theoretically possible that she might have acquired a beneficial interest in the house. That can probably be discounted based on her behaviour and the fact they'd not been together long, just pointing it out for completeness.

While I'm at it, the 16 year old would be an adult if Scottish law applies. Not that this justifies her behaviour in any way, even if it does. The fact that she went to the teenager and not the executor shows that she knows she doesn't have a leg to stand on.

getmore4less

Malthusian said:

While I'm at it, the 16 year old would be an adult if Scottish law applies. Not that this justifies her behaviour in any way, even if it does. The fact that she went to the teenager and not the executor shows that she knows she doesn't have a leg to stand on.

The 16yo could be the named executor in Scotland although probably at least one more if they were under 16 when the will was drafted. 

TBagpuss

Your friend is behaving extremely badly.

Even allowing for  the fact that she is grieving the loss of her partner, she is defrauding the benefits system and attempting to pressurize a grieving child in order to benefit herself at the expense of her partner's children. 

Perhaps you should show her this thread?

Failing that, explain to her that legally, she won't be able to stay, and if she forces the executors to take steps to have her removed she may find it costs her a lot of money - I believed that they would be entitled to claim costs from her if they have to take legal proceedings. 

She may also find herself in very hot water as she appears to have been claiming housing benefits when not entitled to them, which could result in having to repay the wrongly claimed benefits and could result in a criminal conviction.

The best thing she can do is to return to her own home ASAP, and return any keys etc to the executors. If you are struggling to get through to her, then point out to them that she is preventing her partner's children from getting what they are entitled to, which presumably is the last thing he would have wanted, and she is running the risk, by not returning to her own home, of losing that and winding up homeless with a criminal record for fraud. Since she appears to be motivated by greed and selfishness, point out that she needs to look out for herself, and get back home asap before she loses it !
(I would have more sympathy if moving out would have the effect of leaving her homeless, in which case it might be reasonable for her to try to negotiate with the executors to remain while she found other accommodation, and (depending on the situation) she might even have had a possible inheritance act cliam) but on the face of it she is being extremely unreasonable) 
You may wish to think about your choice in friends. 

Marcon

TBagpuss said:

(I would have more sympathy if moving out would have the effect of leaving her homeless, in which case it might be reasonable for her to try to negotiate with the executors to remain while she found other accommodation, and (depending on the situation) she might even have had a possible inheritance act cliam) but on the face of it she is being extremely unreasonable) 

Not if they'd only been together a short time (just in case OP spots that and wonders if suggesting it might be a good idea..).