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?

It's a very tricky one. My friend's Mum dies unexpectedly and she was quite happy to let her Mum's new partner stay in the house for a while. But the legal advice was very clear - if you let them stay then they have a claim on the house.

So there is no way forward but to diplomatically give them notice to leave. No way of knowing this woman's motives, but whether she's trying to or not, she will eventually have a valid claim on the house unless she leaves soon.

Are your aunt’s belongings safe with her there unsupervised? She cannot use a recently deceased person’s house as a “base” to visit friends. She can stay with other if her friends rather than freeloading on people who has just lost a relative.

Honestly, it is plain CF not to leave as soon as aun went to the hospital.

Diplomatically my arse, you tell her nicely she needs to vacate by tomorrow, change the locks tomorrow evening. The cheek of it.

It is the executors' responsibility to protect the estate. You can't have someone running up bills and potentially causing damage to the house. You really need to be firm with this woman that it is unlawful for her to be living there and she needs to leave virtually immediately.

If the house is left empty then the insurance will be invalid, so actually by being there she could be quite useful to you.

Not necessarily. In any event, this can be dealt with very easily by a minor amendment to the policy. If anything, the insurance company is much more likely to disclaim liability if someone unrelated has been left with free rein in the house.

@IdiotInDisguise

Awwwwww the milk of human kindness flows deep through you doesn't it.

I mean, what could possibly go wrong with throwing an elderly person out onto the streets in mid winter, maybe spare her one of the aunts old coats to keep her going?

I mean, what could possibly go wrong with throwing an elderly person out onto the streets in mid winter, maybe spare her one of the aunts old coats to keep her going?

We don't even know she's elderly! And she's clearly got plenty of other friends in the UK. She's about to receive a lump sum inherence as well so she could probably stretch to her own coat or, god forbid, a hotel.

Don't pussy foot around on this one. Stop being so polite and British. Tell her she needs to be out by tomorrow.

Remember SHE shouldn't be putting YOU in this position.

You're not the one at fault.

November!!!

Elderly?

Throwing her into the streets! She was on holiday, and had presumably intended to return home at some point? The death of her host should have alerted her that this was that point.

Its a reasonable assumption to make, unlike yours that she has friends, money and a coat!!!

An Aunt is the OPs parents sister, so unlikely to be in their 30s......

The house will remain empty for the next several months, at least until probate is granted, it cannot be marketed yet..... what harm does it do to let her Aunts friend stay there for an extra month or two? so long as no tenancy agreement or rent is paid she will have no more rights than she does already.
Plus keeps the house dry and lived in, agree valuables need to be moved if only for safe keeping.

Agree - do a house clearance and when she doesn't have a bed, she'll hoppit.

jasjas there were delays at the probate office when my dad died but if they are through that awful backlog then probate might come through much quicker. Ours was dogged by the worst delays and still came in six months.

The death of her host should have alerted her that this was that point.
That did make me snort

If I was one of their heirs of this estate I’d be suing the executors because basically you’re reducing my inheritance by failing to remove this woman who is running up bills and potentially pocketing allsorts.

Disconnect the electricity and gas immediately. Remove any valuables. Change the locks. She needs to leave and where she goes is not your problem. She’s already had two months which is more than enough.

Do you know how long she was planning to stay before your aunt died? If she's suddenly changed her plans to visit more friends and stay longer then I'd be quite suspicious and getting her out asap. If this fits with an original itinerary and she has a flight booked home etc then I'd have more sympathy. But yes to a clear inventory right now.

Yes, absolutely @jasjas1973. I was kind, lovely and fair but life has taught me well how to recognise a cheeky fucker and how to stand my ground not to be taken advantage of.

My days as a doormat are long gone

BTW, someone I know allowed another member of the family to stay over in his late mother’s house while the probate took place.

Everything that had any value had migrated to the guest house or sold by the time the probate came through. How do you recover that? Do you know where auntie kept the receipts, car deeds and insurance???

Much easier to avoid the problem by securing the house. She should have left as soon as aunt was unwell.

I would move into the house to ready it for sale. Ask her what she considers a reasonable amount for her to pay towards the utilities used since she was alone in the house and when she intends to move out. If she suggests an unreasonable period just say that you are sorry and that wouldn’t work for you then you set the date.
You never know, she may be perfectly reasonable and offer to help you clear out the house. Certainly having it occupied over the winter is an advantage but she should be contributing to bills including council tax.

Wrote to her and ask her to leave.

She must be a close friend if she was left some money. Maybe she thinks she’s helping by keeping the house lived in etc. Whatever her motives. She needs to go.

Regarding council tax. You get 3 months free of its unfurnished and vacant. So as she’s there you will have to pay, or the estate will have to pay her council tax.

Maybe guest will offer to pay the council tax?

that '3 months free' very much depends on where the house is. Councils can charge what they like now. Some charge double on an empty property after a certain time.

You’d be most unwise to allow her to pay council tax...

Disconnect the electricity and gas immediately
My father recently died and his house was empty. The insurance company specified that the heating must be kept on, I think at a minimum of 15 degrees, to ensure that the pipes didn’t freeze.
It was necessary to keep the electricity connected too, so that potential purchasers could actually see what they were buying