Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
SchadenfreudePersonified · 13/01/2020 18:01

Lots of properties stand empty before they are sold. I'm sure that there must be appropriate insurance policies available.

MrsPelligrinoPetrichor · 13/01/2020 18:02

Omg POA? Please edit my post to get her out ASAP!!

Cohle · 13/01/2020 18:05

Yep, someone CF enough to set up camp in their dead friend's house is not going to otherwise be a delight. You need to get her out.

Almahart · 13/01/2020 18:11

I think even if she was a very close friend or even in a relationship with your aunt two months really is enough time for her to stay so would firmly explain that she needs to go by the end of the month

SilverDragonfly1 · 13/01/2020 18:11

Given the update, I think it would be incredibly unwise to offer any notice at all. Go round, tell her to pack her case, offer a lift to the station.

DobbyTheHouseElk · 13/01/2020 18:15

POA request?

Get her out yesterday!!!!!!!! She’s a CF.

Whynosnowyet · 13/01/2020 18:18

Can you get round and lock all valuables on one room and take key?
Then order her a taxi?
She has other friends. Living ones.
They can host her.

Thedeadwood · 13/01/2020 18:19

Wow. After that update, get her out right now.
Go round immediately and don’t leave until she’s gone. And then change the locks.
She’s a chancer who’s out for anything she can get and you’ve been plenty generous already.

74NewStreet · 13/01/2020 18:20

If it’s true about the POA attempt; you are significantly under reacting, op Hmm I hope the beneficiaries of your aunt’s will don’t use it against you should there be a shortfall in their inheritance, as they would presumably be entitled to do.

JellyBook · 13/01/2020 18:22

Again, thanks everyone, so helpful. Feel a bit of a fool actually, and really really disappointed in her.

We now have other side of the family (uncle’s) going in tomorrow to do some sorting- can definitely trust them and they are up to speed with the delicate situation. And we will be going in at the weekend to move her on and secure the house.

OP posts:
Ghostontoast · 13/01/2020 18:22

Sorry but if she made enquiries about a POA before your aunt, who had dementia, passed then I think her motives aren’t entirely honourable.

If some valuable items were found to be missing after she leaves then that wouldn’t surprise me sadly.

Tell her the sooner that probate is sorted and the house sold, the sooner she will receive her legacy so it’s in her interests to leave so this can happen.

WitchDancer · 13/01/2020 18:24

Whoa, she tried to get POA? I'd get her out tomorrow, don't leave it until the weekend. I'd lay bets on her trying to get her hands on more than she is entitled to 😔

WhenOneDoorClosesAnotherOpens · 13/01/2020 18:25

He says the friend made enquiries before aunt's death about power of attorney but can't say much more than that, just that the POA wasn't successful as aunt was too ill (dementia) to put anything in place.

Your solicitor is trying to tell you something OP. I wouldn't be at all shocked if this 'friend' has already cleared the house of anything of value. I can't believe your family have allowed her to stay for this long. Why would she stay in the house beyond the funeral?

Who is paying the utility bills atm? I think you should have them turned off. I think you should tell her to leave by the end of this week. You say she has family here, she could stay with them or book a hotel or fly back to her home country (not your issues what she does) but she needs to leave your aunt's house so you can get it all sorted and I would change the locks in case this woman has made copies of her keys.

Whynosnowyet · 13/01/2020 18:26

See her out and check her bags imo.

AutumnRose1 · 13/01/2020 18:30

Jelly don’t feel a fool. You’ve had a horrible situation to deal with so it didn’t strike you, doesn’t make you a fool at all.

I hope it goes smoothly.

Drabarni · 13/01/2020 18:34

OP if you are executor then you can be prosecuted for not doing your role according to law. if this woman has half inched things, that may be listed in the will, then you are responsible.
Why have you let her stay for so long, someone must have smelt a rat.

TinklyLittleLaugh · 13/01/2020 18:39

Do you have any idea what your aunt had in terms of valuables, jewellery and such like that she wanted to pass on to specific people. Can you be sure that nothing has gone missing?

JellyBook · 13/01/2020 19:07

She has said nothing specific in the will about items, just that the execs are left chattels to distribute, keep or sell (or give as per her wishes whilst living should she have stated - but she absolutely did not)

I know the wedding ring has not surfaced and she had gold bangles and watches which I haven’t seen yet either.

I want to say to ‘friend’ please make sure you give us all her valuables before you leave so we can keep them safe for the solicitor.

OP posts:
Ghostontoast · 13/01/2020 19:18

I understand that the probate forms require you to put down an estimate of the chattels worth, and valuations for items over a certain ££. Someone needs to go to the house with a clipboard and a phone/camera to make a record so an estimate can be done.

I would have a discreetly look in local second-hand jewellers windows and auction house listings to see if you recognise anything just in case the “friend” has been disposing of items for money.

PickwickThePlockingDodo · 13/01/2020 19:19

I wouldn't leave it till the weekend either. Can your uncle's side going there tomorrow give her her marching orders?
POA indeed, the cheek of her Shock

DobbyTheHouseElk · 13/01/2020 19:20

Mention to her that the solicitor wants to see the valuables which are listed and can she help find them....

AlwaysCheddar · 13/01/2020 19:42

She’s having you over!

AlexaAmbidextra · 13/01/2020 19:44

Regarding council tax. You get 3 months free of its unfurnished and vacant.

Not necessarily. Even though my late father received the 25% single occupant discount I had to pay 100% council tax once his house was empty while I was selling it. It’s up to the local council as to whether they charge or not.

AlexaAmbidextra · 13/01/2020 19:50

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?

Why do people invent these ridiculous scenarios? She has no right to be there. Just tell her she has to leave.

ivykaty44 · 13/01/2020 19:56

Council tax will vary, but many will give 6 months free etc whilst probate is being sorted, as the house is empty.

Therefore if she is staying in the property council tax will need to be paid as the house isn’t empty

So let her know that tax is due if she stays in the house so she needs to vacate