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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Asked to move from relatives house

563 replies

OrangeBlankets · 14/01/2023 09:32

I've been living in a relatives house for more than 2 years. When I moved in the relative was in a care home but the person who had POA for them agreed for me to move in and said it was ok for a short time and that I didn't have to pay rent.

Now the house owner died and so did the POA. The executors want me to move out.

I don't have anywhere to go, can they evict me?

OP posts:
Littlewhitecat · 15/01/2023 20:39

It's very strange that the grandmother went to the bother of getting a POA and drew up a will but there is no overlap between executors and the POA. I have POA for several family members bit bIn am also executor. More importantly not the only POA (in one case there's is three of us). It sounds like the POA has wildly overstepped their duty in allowing the OP to live in the house. That in itself raises all sorts of legal issues. I find it very hard to believe the POA drew up a legal tenancy agreement when the OP wasn't paying rent.

KTMeetsTheRsUptown · 15/01/2023 20:40

MichelleScarn · 15/01/2023 19:48

Also the GM did benefit indirectly as OP presumably looked after and kept house secure for all the time she has lived there🤔
Trying to imagine using that excuse with a landlord..... 'why should I have to pay rent? You're benefiting because I'm living there making the house secure! Ive even kindly paid for the utilities I've been using, how lucky are you!'

😂🤭

Stomacharmeleon · 15/01/2023 20:41

Depends who it is?
What if it's her more responsible sibling. Or the one with no 'issues' and they thought they were doing the poster a favour temporarily.
Or in fact her mother?
There is so many variables

Stomacharmeleon · 15/01/2023 20:41

Sorry that was an answer to @Littlewhitecat

OrangeBlankets · 15/01/2023 20:43

The POA was the executor for my grandmother but he died before her.
I'll contact Shelter tomorrow.

OP posts:
C1N1C · 15/01/2023 20:48

I'm not reading 400 posts but based on what I have... surely a smart person would have used this time to accumulate some money for when this situation happens???

StalkedByASpider · 15/01/2023 20:54

Oscarbravo · 15/01/2023 20:15

I wonder if you don’t have a claim on the estate as your grandmother was effectively supporting you? I have no legal qualifications but if I were you, I’d get legal advice asap.

I wondered this too.

If you were financially dependent on your grandmother, you can make a claim against her estate, effectively contesting her Will. I don't think it's a quick or easy process but it might buy you some time at the very least.

Lots of PP jumping on you OP, but that's because we'd all like to be rent or mortgage free. But none of us know enough about your mental health or circumstances to make any judgement from what you've written here. I think you've had some really harsh comments.

I hope you're OK OP and find a solution. I would say you need good legal advice about whether you can claim against the estate as you were financially dependent, and if not, what your other options are re being made homeless.

Flowersinspringgrowwild · 15/01/2023 20:58

I have not read everything but the POA should not have let you live there rent free. The POA has to act in the donor's (your GM's) best interests, it is not up to them to let people free load, bills paid or not. I am surprised nobody reported it to the Public Guardian.

NooNooHead1981 · 15/01/2023 21:00

@Morgysmum 18 years waiting list?! Crikey...

Flowersinspringgrowwild · 15/01/2023 21:00

TrashyPanda · 15/01/2023 19:10

In the actual POA. There are standard clauses for financial and medical aspects, in order to ensure the vulnerable person is not being taken advantage of.

the finance part is there to protect financial abuse of vulnerable people. Allowing a close relative ofthe Attorney to live rent free is almost certainly not acting in the best interest of the GM. Even a below market rent would be better than nothing. As it is,the GM was deprived of 2 years rent.

the whole point of POAs is to prevent situations like this.

Someone beat me to it.

HaroldeVwilliam · 15/01/2023 21:00

Op this thread has moved on but I wanted to say how awful some people can be on here. Something awful goes on with money here, it's like a money obsessed pit!
Nothing else matters except money! Eg maybe you were amazing Company for your grandma and boosted her happiness beyond measure for the last year's of her life!
Etc etc

HaroldeVwilliam · 15/01/2023 21:01

The grandma denied two years of rent from whom.

StalkedByASpider · 15/01/2023 21:03

C1N1C · 15/01/2023 20:48

I'm not reading 400 posts but based on what I have... surely a smart person would have used this time to accumulate some money for when this situation happens???

@C1N1C - the OP said she has been struggling with her mental health (and implies that it is continuing). She also said "I do have a job now but I haven't saved money up because I haven't been well."

It sounds as if the OP has struggled to work but is now trying to get back on her feet and has a job, but isn't in a financial position to easily be able to rent, and doesn't have money saved.

I think we would all expect someone to be putting money aside if they had a free place to live but the OP has been paying the bills, and if she's not been working due to ill health, there probably wasn't any money left over to save.

OP has been short-sighted in not planning ahead but again, mental health difficulties can make all of that really hard to do. Sometimes it takes all you have just to keep going. We don't know how ill she's been, I'm not going to judge her without the full facts.

Flowersinspringgrowwild · 15/01/2023 21:03

HaroldeVwilliam · 15/01/2023 21:00

Op this thread has moved on but I wanted to say how awful some people can be on here. Something awful goes on with money here, it's like a money obsessed pit!
Nothing else matters except money! Eg maybe you were amazing Company for your grandma and boosted her happiness beyond measure for the last year's of her life!
Etc etc

She said upthread her GM was not a nice person.

Moreover, living in a vulnerable person's house rent free for two years when they do not have the mental capacity to consent is financial abuse, plain and simple. The OPG take POAs to court day in day out for this.

HaroldeVwilliam · 15/01/2023 21:04

I honestly don't know anyone in their right minds would have some random lodger living with a vulnerable elderly person.

saltinesandcoffeecups · 15/01/2023 21:08

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BookishKitten · 15/01/2023 21:10

next time, read all the posts written by the author (check the bottom of the original post and just select see all posts).
this poster has experienced mental health problems, they’ve paid bills and they also have a contract. In online interactions, please be kind, you never know what the other person is going through and it can tip them over the edge. It’s not a question of lacking intelligence or being lazy or entitled, this person clearly has had problems. It can happen to all of us.

BookishKitten · 15/01/2023 21:15

i cannot believe the amount of hatred in some of these comments. The OP has explained they’ve had mental health problems - which in case some of you don’t know - can be as debilitating as physical health problems. They haven’t been swindling anyone, they have a contract, and paid their utilities, and on top of that they are related to the owner so we don’t know the extent of family ties to comment.
for the love of everything, in online interactions, BE KIND, especially when the other person shares their vulnerabilities as the OP has done here.
OP, you have my sympathy for what you’ve been going through. I do hope you find adequate advice and that you’re able to live with your companion pet in a safe place.

Redbone · 15/01/2023 21:16

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MILLYmo0se · 15/01/2023 21:17

Leaving aside everything else what does the will actually say about the house and other assets, because the executors have no right or ability to change anything in the will. If it says 'my assets are to be divided between X Y and Z' then everything will be sold, debts and taxes paid off and remainder divided between the inheritors. If assets are left to one person any and all debts with Revenue, Council, funeral, solicitors need to be paid off before settling probate which may necessitate the sale of the home too.
Would you even be able to pay the market value in rent for the property by yourself ifit were the case the estate had been left in its entiety to one person and they didnt need to sell it.
I understand it being difficult to deal with reality having been in a bit of a bubble for the last 2 years, particularly if your mental health is fragile but at this point you have to forget about your current home and focus on where/how you will move onto somewhere new.

HaroldeVwilliam · 15/01/2023 21:18

@BookishKitten ..I know.

Mn shouldn't allow it.

I've only seen rhe few on the page I posted on.

People don't understand old age! Being alone, having a fall, getting into trouble. The peace of mind ops presence was or if she had dementia she would have still been a huge support.

freyamay74 · 15/01/2023 21:24

If the OP has mental health problems the last thing she needs is people advising her to contest the will. All she'd do is stack up enormous bills for herself and it's clearly not going to go in her favour. The house is not hers, it never has been and it now belongs to the beneficiaries.

The best thing the OP can do is accept that for her own mental health she needs to move forward, hopefully the executors will be reasonable in allowing her a few weeks to move out. I can't see it being any good for her health to be given 'advice' that will just land her with a load of costs and a CCJ if she doesn't pay them on time

StalkedByASpider · 15/01/2023 21:27

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You have no idea of the circumstances and neither do I.

All we know is that the POA granted them permission to live in the property and that the OP has stated she has struggled with her mental health (and has implied that she was unable to work due to her mental health so presumably has been pretty ill).

If a person was financially dependent upon a deceased but they're not included in the Will, it's possible to contest it legally. Whether it's successful depends on the exact circumstances.

I'm not making any judgement on whether the OP deserves to make a claim or not, because we don't know the full facts. I'm simply passing on information about the law. If it's not warranted, her claim won't succeed.

Your tone is extremely judgemental considering the OP has provided very few details and we know precisely fuck all about the circumstances around which she was permitted to live there, her previous relationship with her grandmother or anything else.

Wetblanket78 · 15/01/2023 21:30

Yes they can you have been living there two years rent free. So had plenty of time to save up for somewhere else. You weren't expecting to live there forever were you if it's they're inheritance?

SheilaFentiman · 15/01/2023 21:40

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