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.

Gran passed and now family drama

68 replies

SunshineMummy2 · 27/02/2024 16:49

Hi All

I need some advice but I will keep it brief (well I will try)

My gran passed recently and it's been very sad. My mum who was her executor passed away suddenly 10 years ago so the mantel fell to me as I am the next closest to her after my aunt excommunicated herself from the family and my uncle has had little interest in my gran's affairs.

Now she has gone I am sorting through everything, the problem is my uncle was living at my grans. For many years they would argue and she would ask him to leave but he never did. Now he is in the property on his own and is now asking me to sort all of the utilities out and get a letter from the solicitor to evict him.

Does this sound correct? He has no tenancy agreement and has no bills in his name but I am guessing he has occupancy rights? I don't want him on the streets at all, but my gran wanted the house sold immediately to pay off debts and give all her grankids an inheritance.

Today he called me moaning that the virgin is due to be cut off, naturally because I have notified everyone that she has passed and the bank has stopped all DDs. He doesn't work as he is unwell and struggled to find work for some time now.

Does anyone have any advice or insights into this? The plan was to have him move out when my gran was put into a nursing home but in the 9 months he never found anywhere and sadly we are now where we are.x

OP posts:
Jandob · 28/02/2024 21:02

You could decide to help him find somewhere else to live. He might find it tricky on benefits but there probably is more provision for OAP's. The house won't be sold for a while as probate taking a while.

SunshineMummy2 · 28/02/2024 21:03

@BruFord thank you I appreciate that. The family is sadly disjointed so unable to get any neutral advice either so this forum has helped somewhat.

OP posts:
SunshineMummy2 · 28/02/2024 21:18

@Jandob yes sadly I'm already struggling with two small children and my job to even consider doing a flat hunt too. No one else is willing to help me at the moment so sorting this alone.

OP posts:
Soontobe60 · 28/02/2024 21:34

SunshineMummy2 · 28/02/2024 20:43

@AllThePotatoesAreSinging I am unsure as to whether you're completely correct here.

She did pay all of the bills and he gave her cash when possible. What he has done with the years of benefits I'll never be too sure of, he is very secretive with everything even his illness.

If he was living with her, he wouldn’t get much in benefits.

DodgeDoggie · 28/02/2024 21:41

You need to officially make him homeless so that he can get council accommodation

Soontobe60 · 28/02/2024 21:45

I’m really sorry OP, but it sounds like you’re doing your best to evict an elderly man from his home after the death of his mother, as quickly as possible. That’s pretty mean.
You may well be the executor, but until probate is granted, you don’t own the property - it’s still his home. Having services cut off is frankly awful. And quite possibly illegal.
You’ve been told that probate could take months to sort out. In the meantime, as executor, you will be responsible for ensuring the house is insured, is maintained, the gas and electric will still need to be paid for even if its only standing charges. The costs for these will come from your grans estate. However, if he stays there at least until the house goes on the market and is under offer then you’ll have someone keeping the house safe. he would have to pay the bills from his benefits rather than the estate.

Soontobe60 · 28/02/2024 21:45

DodgeDoggie · 28/02/2024 21:41

You need to officially make him homeless so that he can get council accommodation

Or end up homeless and on the streets whilst his home remains empty for moths - seems pretty callous to me!

TheThreeCheesesOfTheApocalypse44 · 28/02/2024 21:51

If he's over 65 can't hr stay there until he passes ?? I mean I'm sure he's hard work but seems a bit harsh and a huge upheaval for someone of his age. 😬

TheThreeCheesesOfTheApocalypse44 · 28/02/2024 21:53

Soontobe60 · 28/02/2024 21:34

If he was living with her, he wouldn’t get much in benefits.

He'll get universal credit and pip........I claim it on my sons behalf. My income doesn't affect it even tho I work, I can't afford to keep him

Molly0 · 28/02/2024 21:59

would sheltered accommodation be appropriate? something like Anchor or local providers?

SunshineMummy2 · 28/02/2024 22:02

@Soontobe60 I wondered when a prime example of ridiculous would rear it's head.
Please go through the posts to actually catch up. For context my uncle is asking ME for letters to take to the council as HE wants to leave. Services haven't been cut off but payment has as the deceased bank accounts have now been frozen. I do not want my uncle to be homeless at all. I've also financially supported them both over the years with food and broadband and never asked for a penny back.
I'm in a tough position I have to fulfill my grans wishes and make sure my uncle isn't left on the street. How dare you.

OP posts:
SunshineMummy2 · 28/02/2024 22:07

@Soontobe60 did you ever think his benefits won't cover a 2 bed flat? I've seen the bank statements my gran had savings and pension and still struggled. But I'll let him know a stranger on the internet is rooting for him more than his blood relative.

OP posts:
SunshineMummy2 · 28/02/2024 22:08

@TheThreeCheesesOfTheApocalypse44 will stages property to be sold immediately.

OP posts:
BruFord · 28/02/2024 22:24

@Soontobe60 @TheThreeCheesesOfTheApocalypse44 The OP’s first post mentions her Gran wanting the house to be sold “to pay off debts.” It doesn’t sound as if there’s enough money in the estate to hold onto the property for long, tbh, let for her uncle’s lifetime.

He says that he can’t manage the household bills now, so how could he manage them for 20-plus years until he passes away? Unless the beneficiaries are well off, they probably can’t cover the council tax, insurance and home maintenance for a couple of decades either.

Given his health issues, It sounds as if he’d be far more secure in an over-60’s supported living community. His costs would be more predictable and it would be his home, not a house that belongs to other people.

DodgeDoggie · 28/02/2024 23:02

Yes you need to write a formal letter giving him a date he has to leave by. You’ll go through the motions of making him homeless but in reality won’t be making him homeless because he will be able to approach the council for accommodation and will have s stronger case as s result of your letter.

VanCleefArpels · 29/02/2024 08:26

TheThreeCheesesOfTheApocalypse44 · 28/02/2024 21:53

He'll get universal credit and pip........I claim it on my sons behalf. My income doesn't affect it even tho I work, I can't afford to keep him

Not if he’s over pension age

Onl · 29/02/2024 11:22

I think I'd carry on paying the bills. If you cut them off it would be really harsh. The guy has already been cut out the will 🫤. I don't know how many people the estate is being shared between but a house in London is going to be a good amount. You mention debts but also savings so it's not possible to know the situation from this thread.

BruFord · 29/02/2024 14:33

Onl · 29/02/2024 11:22

I think I'd carry on paying the bills. If you cut them off it would be really harsh. The guy has already been cut out the will 🫤. I don't know how many people the estate is being shared between but a house in London is going to be a good amount. You mention debts but also savings so it's not possible to know the situation from this thread.

@Onl Once someone dies and the bank is notified, the deceased’s accounts are frozen though.

So who’s going to pay the uncle’s utility bills, council tax, etc. until probate is granted? The money can’t come out of the estate so the bills would have to be transferred into someone else’s name.

It doesn’t sound as if the OP has plenty of spare cash. Perhaps the other beneficiaries do. But tbh, he should be paying his own household bills, not them.

New posts on this thread. Refresh page