Aunt has died and her friend reluctant to leave her house

[JellyBook]

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?

She wasn't uninvited by the aunt, that is the issue. It's awful but it's the way the law seems to favour the wrong ones :( As in our case the GA had given her permission to stay there, it greyed they area.

That’s bizarre. I still think she’d have a hard time persuading the police that she’s entitled to access after the locks have been changed. She can’t even prove how long she’s been staying there. Or if she has.
No entitlement at all.

I think you were the wrong person to task with the role of executor, op. You need to take some proper legal advice with all possible speed, because you don’t seem to have listened to anyone on this thread.

For goodness sake, give OP a chance! She's arranged for a relative to go in today, she's talking to the solicitors, and said she will be going in at the weekend to secure the house. It's only two days since she started the thread. Did everyone seriously expect her to drop everything on the say-so of a few randoms on the internet, dash up the motorway and physically throw this woman out?

I know some of you will probably think I'm being to soft, but I'm trying not to rattle her too much and make her dig her heels in.

How did your aunt die OP? Could there be any 'concerns' around that? It's odd this 'friend' turns up to stay with your aunt, within weeks the 'friend' is on the phone with aunt's solicitor seeking to change her will and then weeks later your aunt dies. Then 'friend' expects to continue living in the house, items have gone missing and the aunt's family are tip toeing around 'friend' as to not upset her. This all sounds very dodgy.

Is the 'friend' homeless? She must have had a home at some point prior to visiting the UK and where your aunt stayed when visting her? Does she have legal right to remain in the UK? House or not, I don't think she can stay in the UK past 3 months if she doesn't have a right to be here? (I could be wrong on this.)

Did your solicitor not give you advice on how to get this woman out of the house? Frankly, I'd call the police if jewelry and who knows what else is missing. I doubt the police will do anything but it might rattle 'friend' into leaving a house she has no right living in. Otherwise you'll have to force her out whilst quickly changing the locks so she can't get back in.

Any update from your family today about their experience with 'friend'?

It's only two days since she started the thread. But TBF, it's months since the situation arose.

But friend is not a partner with a potential interest in the property but a random!

within weeks the 'friend' is on the phone with aunt's solicitor seeking to change her will and then weeks later your aunt dies

The friend didn't seek to change the will. She tried to get power of attorney.

Good grief! Now there are questions about whether or not the aunt's death is above suspicion.
We're talking about an older lady who is from a different culture to that which most of us are accustomed to and who has recently experienced the death of her hostess.

Yes, she enquired about POA, but while it would be naive to assume everything is above board, it is quite alarming how posters are posters are criticising OP for not racing to the property, frogmarching the lady out of the front door (after checking her pockets) and changing the locks.

Maybe, just maybe, the lady is a nice, honest, caring person who simply enquired about POA to help her dear friend manage her bills and is now unaware she has overstayed her welcome.

Maybe. But on the balance of probabilities you’d assume anybody compos mentis would understand that remaining in your friends home more than two months after her death is outstaying your welcome.
Op is already tip toeing around her in case she “digs her heels in”.

A caring squatter.
Now there's a thing...

on the balance of probabilities you’d assume anybody compos mentis would understand that remaining in your friends home more than two months after her death is outstaying your welcome.
Precisely this.

As executor you are personally legally liable so any of the beneficiaries could claim against you and not just your inheritance from your Aunt but any of your assets are at risk.

Don't discount how expensive it is to answer reams of solicitors letters or defend a court case even if it is unwarranted.

What is to stop the "friend" using her lump sum to drag you through the courts.

It might sound far fetched but it's not unheard of. Personally I wouldn't want to be executor and would hand it over to a solicitor.

I would certainly say the solicitor has a list of valuables which are going to need valuing for probate; I imagine things might be easier to locate then.

How did the family visit to the house go OP?

Not well, it seems, Cora.

Not well, it seems, Cora

How do you figure that?

Just because OP hasn't been back to update.

I ould have thought that if everything went without a problem, then she would have let us know.

(BTW - I have been wrong in my interpretations of other people's actions before . . . )

Last call for an update?

Sorry for not updating, I've been dealing with a lot.

She is still there but we are taking her to a Travel Lodge on Saturday, locks are being changed while we're bundling her into the car. We have over a number of visits practically emptied the house short of bed, sofa and kitchen items. (taking important items first). She is the most devious and manipulative person I've ever had to deal with, but all the time staying just by a sliver on the right side of reasonable, i.e. you just can't pin anything on her.

There's been so much, but in short she has lied constantly about the whereabouts of items but through our persistence has miraculously 'remembered' where she has put things for 'safe keeping' and has eventually coughed up everything.

You will question why on earth she is still there, and the only reason is the solicitor was wanting to play it safe because, whilst he is sure she would not be successful in making a claim against the estate, it would be extremely costly fighting it.

Every time we've insisted we have to do certain things, she questions everything over and over - trying to catch us out with a different response, I assume.

She's a thoroughly selfish, nasty piece of work. We discovered recently she is actually ex police. Unbelieveable - it appears she's been using her skills and knowledge to play the situation.

So nice old lady friend of my Aunt's is actually an evil witch.

Omg

wow. glad that it seems your solicitor is on the ball there. good luck for Saturday.

This must be unbelievably stressful but I am really glad to read you have got everything off her and are getting rid. I love the idea of her being stuck there with a couple of bits of furniture and a spatula

I love the idea of her being stuck there with a couple of bits of furniture and a spatula

It's ridiculous isn't it? shows how bloody minded she is!

What a horrible woman.

how is the travellodge room being paid for? is there any way she can incur you more expense/ inconvenience if she digs in there and doesn't leave?