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Legal matters

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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:
BaolFan · 13/01/2020 13:35

Tell her she has this week to sort herself out - either booking a flight home or making alternative arrangements for accommodation. As of next Monday morning the house will no longer be available to stay in and the locks are being changed.

safariboot · 13/01/2020 13:36

Take legal advice soon. But from my understanding:

Your position is the strongest if you didn't give her permission to stay.

If you gave her permission to stay but she is not paying rent, then she's an excluded occupier and can be evicted on a previously agreed leave date or else with reasonable (at least 1 week) notice, with no need for court proceedings.

If you gave her permission to stay and she's paying rent, she's now a tenant with all the rights that implies.

notthemum · 13/01/2020 13:38

Sorry about your aunt 💐. You or whoever is dealing with this need to go round immediately. Tell her that you are changing the locks. You do not require her help regarding estate agents but thank you for the offer. Your brother, partner is moving in with their very large security dog. She can stay with one of her friends. She is not your responsibility. But if you do not get her out quick you may end up stuck with her.

Beautiful3 · 13/01/2020 13:38

I would give her a date to leave by, 4 weeks would be plenty. If she asks for longer, just say, "sorry its not down to me. The family have asked for a quick sale."

BlueEyedGreeness · 13/01/2020 13:39

Can't you offer her to rent the house for now?

Shimy · 13/01/2020 13:39

FlowersHow long had the friend been staying at the house before your aunts passing? Also which country is she from?

stayathomegardener · 13/01/2020 13:40

Do you have keys?

74NewStreet · 13/01/2020 13:41

I’d remove her with all possible speed. Remaining in the house after your aunt’s death is such an odd thing to do, it’s hard to imagine a benign motive for doing so.

Daisy7654 · 13/01/2020 13:43

Are you sure they weren't a couple. Older generation can be very private about LGBT relationships, not wanting to come out of closet.
She could be grieving for her life partner and you're just being mercenary along with most PP on this thread.

BernadetteRostankowskiWolowitz · 13/01/2020 13:43

Oh my word! Is she paying any bills?

MissSmith1 · 13/01/2020 13:44

Surely you can legally remove the contents, then she's forced to go.

InABigCountry · 13/01/2020 13:44

She sounds like a complete chancer, she maybe thinks if she stays long enough she will get the house. I would make it difficult for her, you or someone else move in, say she has to go, then if you need to, change the locks.

gamerchick · 13/01/2020 13:46

Who's paying the bills?

TheBouquets · 13/01/2020 13:46

Sorry to hear about your dear Aunt's death.
Put all household bills in her name. Aunt definitely cant be running up bills so as the only occupant it is her responsibility to pay the bills since the date of death.

NettleTea · 13/01/2020 13:47

when was she due to leave - did she have return tickets booked?

AlexaAmbidextra · 13/01/2020 13:47

Can't you offer her to rent the house for now?

Why on earth would they do that? Worst advice ever. For God’s sake don’t create a tenancy.

NettleTea · 13/01/2020 13:48

I wouldnt put bills in her name because that kind of gives her an authority to leave. But I would certainly be asking for a contribution

Drum2018 · 13/01/2020 13:48

Executor needs to take steps to secure the house which should be vacant. So whoever is executor, they need to say no to her request to using aunts house as a base. Locks then need to be changed asap. Seriously, just say no. There are plenty of hotels in U.K. she can use as a base.

TheFoxAndTheMole · 13/01/2020 13:49

I guess Daisy has a point. That IS exactly as an older LGBT couple might act. The lump sum left to her might indicate that, too?

I think you need proper legal advice really. If she IS just using it as a base to visit people, there's no reason she can't go stay with one of the people she's visiting.

diddl · 13/01/2020 13:53

Wow!

Can't believe she's still there!

She surely has no right to be & just adding to bills that will come out of the estate!

AutumnRose1 · 13/01/2020 13:54

Don’t ask if they were a couple

A CF will just say yes to get more time!

74NewStreet · 13/01/2020 13:56

Why are people assuming they were a couple when the friend lived overseas and was only visiting when the aunt passed away? They weren’t living together Confused

GreenFingersWouldBeHandy · 13/01/2020 13:57

Give her a week's notice and tell her you will be turning all utilities off.

IntermittentParps · 13/01/2020 13:59

Maybe try to get some legal advice before doing this, but all other things being equal, I'd give her a week's written notice explicitly saying you do not give her permission to stay, and that on that date you will be turning off the electricity and gas and changing the locks.

Elouera · 13/01/2020 13:59

Sorry to hear of your aunts passing.
Why can't she stay with the multiple other friends she is visiting in the UK?

How long was she there prior to your aunts death? Was the 'friend' officially your aunts carer and being paid? If that was the case, I'm sure they can legally stay if they have no where else to go and have lived there over a certain amount of time. I'd speak to your solicitor or citizens advice.

Otherwise, give her notice-7 days, that the services are being turned off and she needs to move out. Who has been paying the electric, water etc since Nov?