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?

I agree she needs to leave though the timescale can be more generous than some suggest if other factors allow and she is, indeed a great friend of your aunt and, perhaps, the visit was always intended to be protected?

Do not turn of the gas and electricity. You need to keep the heating on low throughout the winter to protect the property and for security reasons it’s better to have timers on some lamps.

Ask the advice of the EAs on whether the property will look best empty or dressed with the best of the furniture and a full clear out. We were advised to dress the in-laws house and it worked very well.

She's about to receive a lump sum inherence as well so she could probably stretch to her own coat

Do not have sympathy. She's playing you all for chumps. The solicitor has confirmed to you that she has tried to gain POA. What further evidence do you need of her intentions ?

You don't have to feel anything towards her. She's nobody to you. Just get her out and only deal with her if you're legally obligated to.

As others have suggested upthread, I would be agreeing with my nearest relatives to the house “to be there randomly at all hours, just doing stuff and clearing up, basically being a bit disruptive with the timings, going in at unsociable hours and just getting in the way, if it had gone on for a prolonged period.

Also clear out the most comfortable rooms....eg the sofa and armchairs, sell the fridge and so on

I would definitely invite different friends round for pretend “viewings” - as potential purchasers - And get them to show an interest and maybe get them to openly ask about purchasing and in an early timescale - so it shows that things are moving along at some speed?

I'd give her a week of notice, and then change the locks and cut the utility services

She tried to gain POA? That’s dodgy as fuck if your aunt was suffering from dementia. Time to get tough.

Based on that update, don’t worry about empathy for an acquaintance who was sporadically in touch over 20 years

Three days warning is fine, too much even. Has she given you money for utilities? where’s the access for gas, electric and water, if she can’t get to it and kicks off about leaving, switch them off. If they’re in a garage etc I’m hoping she won’t have a key.

The POA thing is useful information.

Whilst she is there the executors are in breach of their duty to the beneficiaries, because she is running up bills that will have to be paid by the estate and, as a minimum, will cause extra wear and tear on the property; also the executors have no means of knowing whether she is looking after the chattels properly

And as executor of the estate, OP is responsible for any unreasonable costs incurred. If she has helped herself to any little "momentos", and it can be proved that they were in the house when your aunt died, you could well be responsible for the value of them, to - even if you can't prove she took them.

Sorry, have just seen the update about the longstanding friendship - hence my suggestions above seem overly harsh in light of this...

I agree with the above few posters. If she was concerned for your aunts health, she should have contacted a family relative, not applied for poa. Dodgy!

The solicitor has confirmed to you that she has tried to gain POA. What further evidence do you need of her intentions?
This with bells on. She's a chancer. Get her out.

She's playing you for mugs. Why? Because she knows you will put up with it. She's dodgy AF. You don't have to serve her fucking notice or be nice! Would not surprise me at all if she has changed the locks and has taken legal advice on how to stay put.

Sorry - when I say if "She has helped herself", I mean CF "friend" - not the OP - sorry for not making that clear.

I hate to say it OP, but after learning of the OA attempt, I wouldn't be surprised if she's been squirrelling stuff away for weeks.

*POA, not OA

You can market a property before probate comes through, but the EA would have to make all prospective buyers aware that the sale could not exchange until probate is granted.

I think that you do need to be going in there, clearing everything out, selling things, or distributing them, whatever the will says basically.

This woman has no right to be there. The fact that she tried to get POA says a lot....

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

No, no & no.

You want to sell the house with vacant possession and 'friend' is unknown quantity

At moment she is not a tenant with occupation rights. With a tenancy, she will be

Get some to stay sharpish.
See what has been moved, is the an valuables she may have taken.?

Bloody hell, get over there while she's in and take a camp bed if necessary. Catch her before she strips out anything of value and leaves.

Who are the executors of the will, OP?

‘I'm with Crotchetyquaver and thought straightaway l bet if she's still in the house she's of the mindset of the effects inside being fair game to her and she could well be helping herself to whatever personal possessions and furnishings etc which form part of the estate, that she fancies or feels she should have . You need to get in and do an inventory ASAP preferably when she's out (she's not a tenant so no right to 'quiet enjoyment' ) and as executor you can enter the property either with a key or via a locksmith if you don't have key.’

THIS
Inventory is very important as anything in the house is part of the estate. Even though the proceeds of the sale go to family (only?), it does not do for the Executors to be casual about process of probate. Probate takes time anyway & if there is no pressing need to delay, then folk need to get one with it.

I assume that Guest comes into lump sum once probate has completed ??

Unless Auntie has made provision in her will & known wishes otherwise, then the goodwill extended to her guest has been generous & it is time to get on with probate.

It’s nice of Guest to offer to open door to Estate Agents, but it won’t be that helpful. It’ll be better for one of the Executors (or designated person) to be there to let in Estate Agents & get on with an inventory etc.

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

A competent executor will, and should, notify insurers - it is standard for insurers on probate to permit lack of occupation for 6 - 12 months.

However, permitting a random to occupy a house may vitiate the insurance cover

Whoa!!!
Just seen the comments about POA.

RED FLAG....

Get her out!

yes, Gran's insurance company still insured the property but the Executors had to visit 2-3 times a week because it was empty. Council tax was exempt for a few months because it was empty (councils do vary on this). Do you know what your local council does?

Solicitors don’t tend to give information like that away so I would take that ad obviously trying to tell you something.