Is son living in home illegal

longwalks1

Please bear with me on this one.  My step sons father passed over Christmas.  I’m very close to step son and was good friends with his dad.  

Here’s where it gets confusing. 

step sons father (the recently deceased) was left most of the estate he now leaves, by his partner(K) who died 6 years ago.  

At the time when his partner(K) died, he was harassed for months by (K)’s step mum who was left nothing in the will. 

(K)’s Step mum has now come out the woodwork again and is harassing my step son (who was made fatherless on 27th Dec) saying he’s no legal right to be in the house and she’s going to question the legality of him living in the house her step daughter (K) left to his dad 6 years ago.  Step son is obviously in pieces.

after some advice please.  I’m assuming son who’s lived with dad in the house (in dads name) for several years can remain, and will eventually have to apply for letters of administration.  

How do we keep this distant, alcoholic woman away who’s calling son every day threatening to have him chucked out his family home?

thank you all in advance, I’ve been in here asking loads recently (dealing with late mother in laws probate with an awkward executor (almost there now) and now step son who’s father passed over Christmas - juggling 2 absolute headaches) 

Keep_pedalling

If he died intestate and unmarried then his child or children inherit his entire estate and can do what they want with the house. Just ignore this woman and block all communication with her.

amanda1024

By blocking her number/leaving phone off the hook. And reporting to police for harassment. If she has keys, get the locks changed.

Yes eventually he’ll need to sort through all the legal stuff - is there no will? - but that generally takes much longer. In the meantime I can’t see why it would be illegal for him to live there - I’d have thought it would be illegal to chuck him out.

longwalks1

Thank you both.  I knew this but just wanted it confirming.  It’s the lowest of low harassing a youngster while he’s grieving.

I just wanted to arm my stepson with what to do, and that’s he’s in no danger of being evicted. 

Thanks again 

Marcon

longwalks1 said:

How do we keep this distant, alcoholic woman away who’s calling son every day threatening to have him chucked out his family home?

Why is he taking her calls? Block her number(s) and also screen all incoming calls before answering (unless he recognises the number as someone he knows/wants to speak to).

longwalks1

Thanks all - son struggles with stress and telling people where to go and everything’s getting on top of him.  We’ve told him to block her number and tell her to leave him alone if she turns up at the door. 

This last week has been hell.  Lost count the number of people coming out the woodwork asking ‘what are you going to do with the house’, ‘dad told me that I could have this or that’

son has even been told that he shouldn’t be insured on his late dads car and using it, even though it’s at the address it’s been at since new.  One family ‘friend’ has even told him he’s committing theft by using it until probate is granted.  Please tell me this is factually incorrect. 

doodling

Hi,

longwalks1 said:

Thanks all - son struggles with stress and telling people where to go and everything’s getting on top of him.  We’ve told him to block her number and tell her to leave him alone if she turns up at the door. 

This last week has been hell.  Lost count the number of people coming out gets the message that they are getting nothing. woodwork asking ‘what are you going to do with the house’, ‘dad told me that I could have this or that’

son has even been told that he shouldn’t be insured on his late dads car and using it, even though it’s at the address it’s been at since new.  One family ‘friend’ has even told him he’s committing theft by using it until probate is granted.  Please tell me this is factually incorrect. 

Unfortunately it seems that your step son will have to use the words "go away, you are getting nothing" (or the ruder versions) frequently until everyone gets the message.

Would anyone else stand to inherit his father's estate under the laws of intestacy or is it just your step son?

If it just your step son then there is absolutely no problem - the car is his and there is no need to wait for Letters of Administration If there is someone else who might inherit then it would be wise to agree what is happening to the car although even if he doesn't theft isn't an issue.

Providing he has his own insurance and isn't driving as a named driver on his deceased father's insurance then there will be no problem.

Savvy_Sue

doodling said:

Hi,

longwalks1 said:

son has even been told that he shouldn’t be insured on his late dads car and using it, even though it’s at the address it’s been at since new.  One family ‘friend’ has even told him he’s committing theft by using it until probate is granted.  Please tell me this is factually incorrect. 

If it just your step son then there is absolutely no problem - the car is his and there is no need to wait for Letters of Administration If there is someone else who might inherit then it would be wise to agree what is happening to the car although even if he doesn't theft isn't an issue.

Providing he has his own insurance and isn't driving as a named driver on his deceased father's insurance then there will be no problem.

Highlighting the crucial bit. If it was his father who insured the car, that's now lapsed.

I seem to remember there's another son, who didn't live with Dad. Hoping there's no conflict there.

If you've got capacity, stepson could say "oh, you'll have to speak to my advisor about that" and hand over your number. ;-)

longwalks1

doodling said:

Unfortunately it seems that your step son will have to use the words "go away, you are getting nothing" (or the ruder versions) frequently until everyone gets the message.

Would anyone else stand to inherit his father's estate under the laws of intestacy or is it just your step son?

If it just your step son then there is absolutely no problem - the car is his and there is no need to wait for Letters of Administration If there is someone else who might inherit then it would be wise to agree what is happening to the car although even if he doesn't theft isn't an issue.

Providing he has his own insurance and isn't driving as a named driver on his deceased father's insurance then there will be no problem.

Hi Doodling, thanks for your reply. The estate will eventually be split equally between 2 sons, the one living in the home and his brother who lives an hour away. Both get on brilliantly so no fear of conflict or falling out.  Mum wouldn’t allow that anyway. 

Step son cancelled dad’s insurance a couple of days after dad passed, we told him to as went through similar with mother in law who passed last year and one executor (don’t even get me started) hadn’t cancelled home insurance and was still spending time in late mums house.  So we knew as soon as someone sadly goes, all their insurance becomes void. 

Son reinsured dads car as it’s still on the road and occasionally in use. 

longwalks1

Savvy_Sue said:

Highlighting the crucial bit. If it was his father who insured the car, that's now lapsed.

I seem to remember there's another son, who didn't live with Dad. Hoping there's no conflict there.

If you've got capacity, stepson could say "oh, you'll have to speak to my advisor about that" and hand over your number. ;-)

Thank you Sue - yes we learnt from MIL who passed last year and home insurance hadn’t been cancelled. 

Me (I guess I’m step dad, even though not married) and mum have offered to become ‘advisor’ and warn off the circling vultures but at the moment he doesn’t want that.  So we’re researching and advising him from the shadows   :-) 

poppystar

Which son will be applying for Letters of Administration? If the other son, and if he is stronger, then could step son pass all enquiries to him?