Property after someone dies

[CiderGlider]

This is a delicate but complex situation hence asking for some advice.

My father is in the final months, possibly weeks, of life with terminal cancer. My father re-married a few years after the death of my mother and have been married about 20 years. Before they got married, my step mother sold her house, and gave a small sum (from what i understand there was still a mortgage on the house) to her children. When he moved in, my father told me the arrangement was that the house would go to me and my step mother would be able to live there until he passed away and I understand his will reflects this and I am named as executor. From what I have seen, my father covers the majority of the household spend and upkeep of the house. I do not think my step mother is in a position to. I could write a whole other thread about the dynamics here, but in short she is demanding, entitled and manipulative - I believe narcissistic.

My concerns are:

-She will call on me to arrange and pay for any maintenance of the house;
-She will move her adult daughter and grand daughter in to help 'care' for her as the daughter is in a precarious position with her housing at the moment, which is most convenient.
-I believe she will try anything to secure the house for her children.

The value of the house is insignificant but is a house nonetheless.

Any advice on what I can do to prepare myself or any advice in general?

What does the wills actually say? Unless you can ascertain this, we can’t give you accurate advice. However one thing I would advise is asking g your dad where the original will is. This is really crucial as if it cannot be found after he dies it will mean he dies intestate and the house will go to his wife completely.

If the value of the house is quite low then it might not be worth your while to accept the inheritance. Especially if your step mother is likely to live to quite a while longer and be difficult for the rest of her life.

I think you should seek advice about whether you will be obliged to upkeep the house, because if maintenance is legally your responsibility then effectively what you have a rental that doesn't produce any rent and with a tenant that can't be removed. If maintenance is not your responsibility and your step-mother can't afford to do it then it'll lose value by the time you come to sell it.

Will she be getting some income from your father after his death, eg a payment from his pension?

Will she be getting any cash from his estate. You could offer to sell it to her at a very low price, like 15%-20% of it's real value. That way you get some money up front and none of the stress.

You need to obtain a copy of your father's will, and then consult a solicitor for advice.

Find his will. Everything will be based on that, if he even has one.

Sorry to hear that your father is so ill, OP. Just to echo the previous posters, get a copy of the will (or it's location) and get some advice.

Thanks for your replies. A copy of the will is with his solicitor. I believe she has a pension from her first husband who past away, and might very well have my fathers when he dies. I'm not sure what the will says about his money - I suspects there's not a huge amount and that what he has will go to her. The thought of just leaving it has crossed my mind, not least because her and her family dynamic are something I've never seen. She doesn't enjoy good health either, but the family has a history of illnesses, constantly going to doctors and hospital appointments. Only this week she's told me she's got cancer.

They managed to disinherit my sibling, so I don't put anything past them to get me out of the way.

Can you get a copy of the will before someone has died?

Only with your fathers permission. I had a copy of my mother's will because she asked her solicitor to send it to me directly. My mother asked me not to open it until she died but did verbally tell me what was in it.

I presume from your concerns that he is giving her the right to stay in the house until she dies, so, assuming the will has been written properly, she will get a lifetime interest in the house when he dies with it passing to you on her death. In that situation, she would normally be responsible for maintenance of the house and cannot make you liable for this. Moving her relatives in will make no difference - the house will still be yours when she dies. The only ways she can stop that would be to get him to change his will, get him to give her the house before he dies or challenge the will.

This assumes that your father has correctly described the will to you. Without seeing it, there is no way to be sure.

Thank you for this - it’s super helpful. This would be ideal outcome but I’m prepared for a different one!