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Original poster

Aunt has died and her friend reluctant to leave her house

362 replies

JellyBook · 13/01/2020 12:34

Our aunt died late November and she had a friend staying when she died. The friend lives overseas and doesn’t want to go (yet, she says).

Just getting a bit nervy about whether she will decide to stay even longer, and what problems that might cause. She has been left a lump sum in the will. The house and belongings are left to the estate to be sold and shared amongst various family members. Aunty leaves no spouse or children.

Do we have anything to worry about or should we just proceed with probate, sale of house and just tell her you need to make arrangements to leave?

OP posts:
Greenkit · 13/01/2020 12:36

Proceed and tell her to leave

managedmis · 13/01/2020 12:38

She needs to leave

She's squatting

Nomorelaundry · 13/01/2020 12:40

I would be worried. She could be sowing the seeds to squat. You need to tell her to leave now. Where are you with the solicitors etc?

SunshineAngel · 13/01/2020 12:40

Yes, definitely, carry on. If this friend was only there as a guest and not a lodger she has no rights at all to even be in the house now your aunt has passed away.

I assume the funeral has taken place given that it was late November? I can't imagine any reason why it wouldn't have, and that's the only reason I would consider letting this friend stay, until she had been able to attend the funeral.

Another thing to consider though is that perhaps it could be useful to have someone in the house for viewings or to keep it tidy .. but tbh the estate agent can take care of that anyway so no, send her on her merry way now, it's time.

eminencegrise · 13/01/2020 12:42

Carry on. Wouldn't keep her for viewings or keeping it tidy because she's already taking the piss.

AutumnRose1 · 13/01/2020 12:42

what's the legal position of the Estate changing the locks? If you can, tell the friend you are doing it, then do it.

Also, is the house listed as empty for council tax, insurance etc?

Gazelda · 13/01/2020 12:43

I think you should proceed. And put it in writing that the house is up for sale and she needs to leave.
Is a solicitor dealing with probate? Maybe you could get them to write to her as part of the probate process.

RaininSummer · 13/01/2020 12:56

I think you need to get her out. You could always pretend to let it out to someone (friends pretending maybe if you have to take it that far).

Hoppinggreen · 13/01/2020 12:58

If she has no legal status there give her a short period in writing to move out and then change the locks

Drabarni · 13/01/2020 12:58

move in, she'll soon vanish then. If you are the executor you need to make sure she isn't doing anything untoward.

Drabarni · 13/01/2020 12:59

She maybe thinks she'll wait for her money, might even want to stay here full time once she has her inheritance.

Raindancer411 · 13/01/2020 13:00

We has this with my great aunts house. Her boyfriend moved in when he got chucked out of his council place and then invited his son to live with him. The place was a mess and they left the heating on full and gas oven running to heat the kitchen when out. We had to give notice but they didn't go with it and kept going to CAB to extend. Luckily they locked themselves out (which is how we know about the oven and heating). It stank and we had to get bio hazard suited company in to clean it and empty it. Was a nightmare. Speak to the solicitor for advice and look to give her notice.

Womenwotlunch · 13/01/2020 13:03

I would see a solicitor ASAP
She may not want to leave and you may find that you have to evict her
Not trying to alarm you, I am just speaking from personal experience.

eminencegrise · 13/01/2020 13:05

I don't want to alarm you, but she might be trying to take over the house to keep it.

HavelockVetinari · 13/01/2020 13:08

See a solicitor! Or move in yourself (even better).

Original poster
JellyBook · 13/01/2020 13:12

Thank you everyone. I think she’s wanting to stay until she’s visited all her UK friends, using my Aunt’s house as a base. We’ve said about the estate agents will be needing to come in and value and then market it, but she’s being ‘helpful’ saying that she could let them in.

I think we just need to be more assertive now and give her a date to go so that we can do house clearance and change the locks!

OP posts:
Cohle · 13/01/2020 13:16

I think you need to be really firm with her. You'll want vacant possession to sell the property and you're going to run into all sort of problems if you have to formally evict her.

She's being really inconsiderate making things more difficult for your grieving family than they already are. I don't think you should worry too much about being rude.

I'd give her a couple of days notice and then change the locks.

Dandelion1993 · 13/01/2020 13:17

Book her 2 nights in a hotel and tell her to go. Once those nights are done she's on her own.

Cf

DesLynamsMoustache · 13/01/2020 13:17

Tell her you're turning off the electricity and gas! Presumably she's now running up household bills that you'll be expected to pay for.

Whynosnowyet · 13/01/2020 13:18

Get thy arse there and get her a taxi today....
Or betting you will be back on here how to evict a squatter..

MyOwnSummer · 13/01/2020 13:19

Definitely get legal advice on this - regardless of whether she should be there or not she may have established tenancy which means a formal eviction procedure. The situation is complex, however, as she was originally a guest / lodger who had a license to occupy NOT a tenancy.

You absolutely need the proper advice on how to proceed.

FemenismIsGay · 13/01/2020 13:20

This reply has been deleted

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AutumnRose1 · 13/01/2020 13:26

agree to turning off electricity, gas, water.

CrotchetyQuaver · 13/01/2020 13:35

I'd have no hesitation in telling the "friend" to sling her hook. For all you know, she's gone though everything and pocketed all the valuable stuff for herself already. She's certainly running up water, heat and electric bills whilst she's using the place as a base. It's very cheeky of her.

How about giving her a few days to go and then follow through and empty the house of it's contents and change the locks.
She's taking the piss.

RusselHoward · 13/01/2020 13:35

Give her a reasonable deadline and let her know that on X date you will be turning off water, gas, electricity etc. Support her in booking flights home, inbetween accomodation if required. No need to be mean just matter of fact and assertive.