Father left me his house but my stepmother still lives there... what are my rights??

Question

My father died a couple of years ago and in his will left his house to me and my sister on the condition that his wife (my stepmother) could live there until she died.

What is our legal position :

1. does she have to have a tenancy agreement? (even though she doesn't pay rent)

2. Who is responsible for major repairs? (like replacing the roof)

3. who is responsible for day-to-day repairs and general upkeep? (like mowing the grass, painting etc)

4. do her family have any rights when she dies?

I would really appreciate any help with this

Answer 1

Honestly I don't know but I would invest in professional legal advice.

Answer 2

1. does she have to have a tenancy agreement? (even though she doesn't pay rent)
A: You will set the tenacy agreement, in it you will say that the house in rent free but that the tenancy relies on things being paid like the council tax and or other essentail bills. You should also point out that she is not allowed to sub let without your permission, and she is not allowed to use the house as loan guarantee

2. Who is responsible for major repairs? (like replacing the roof)
Again that goes in the agreement.

A: A tenent is not responsible for major repairs and upkeep, but that is why you have the agreement in place so that she and her guests do not abuse your house

3. who is responsible for day-to-day repairs and general upkeep? (like mowing the grass, painting etc)
A: The tenant is responsible, again,make it part of the agreement

4. do her family have any rights when she dies?
A: No none at all, the house was never in her name and it is now in yours.
See a solicitor for this, get it done properly, but in the end, remember your fathers wish, provide here a home as he wished, in the meantime the house will only accrue in value.

Answer 3

There were two possible ways of achieving the same objective.
Your father could have left the property on trust to your stepmother for life with her interest passing to you and your sister on her death. This would have avoided a big tax bill at the time of his death.
Alternatively, he could have left it to you and your sister on condition that you allow your stepmother to live there, that is, making you a gift of the house on a condition. Your stepmother therefore is your licensee and the house belongs to you. I would suspect that all major repairs would be the responsibility of you and your sister, as they are carried out to protect the value of the property. Your stepmother should be responsible for the general upkeep, as she enjoys the benefit of the property. Her family would not have any interest in the property when she died, as it belongs to you and they are strangers to the whole arrangement.

You should check with the solicitor who handled probate. I'm sure that your father must have taken legal advice before drawing up the will and a solicitor must have been involved at the probate stage if only to make an assent passing ownership of the house to you and your sister.

Answer 4

I'm not an attorney, but I do know the laws on this matter are state specific - this is where having your own attorney can help clarify everybody's rights and responsibilities. Don't listen to the other posters who say she doesn't have a right to be in the house - she does. She has the right to live in the house until she dies as set forth in your Father's Will. If your Father didn't set up his Will this way, your stepmother would have possibly received the house as her inheritance. This is a common way for married couples to provide for the other during their lifetime but still devise (bequeath) property in their Will.

As suggested above, you need to act timely. There are time limitations and if you fail to act timely, then you may waive certain rights and claims for reason of the applicable time limitations.

Contact a lawyer familiar with real estate/Estate law. That will give you peace of mind and clarify everyone's responsibilities.

GOOD LUCK

Answer 5

If the will states that the estate goes to you and your sister, than it is just that..it will go to you and your sister which leally the house is yours now. But if the will also states that your stepmother has to reisde there until she wants or until death. Then you have to abide by those rules other wise she could sue you for full custody of the estate.

Now then...as far as general keep up, major repairs and such he is to be held responsible until she's there...if she resides there alone and or with her kids it is still her responsibility due to the fact that she is living there and you are not. Her family does not have rights to the house after she dies because the house is obviouslly not her's and she can not claim it in her will..
I hope this will help..good luck

Answer 6

Okay, what you've described is a Life Estate in your stepmother, and you and your sister have a Remainder. He didn't use the right words, but that's what it is.

She does not need a tenancy agreement. It is hers to use while she lives. When she dies, her family have no rights other than to come get her personal effects within a reasonable time.

The routine maintenance is her responsibility.

You should check with a lawyer to find out what happens if the roof leaks. She may be able to require you to fix it, or you may be able to force her to fix it if she wants to stay.

She may be able to insure the property for her own interest, but you definitely need to get insurance to cover your own.

Answer 7

Hmm, bit of a sticky wicket this one.

Lets do the easy bit first. You and your sister are the owners of the property, that goes without saying. As owners of the property you are responsible for the upkeep of the fabric of the property. The roof downwards basically. She should be responsible for the decorations and any council tax etc.

As far as the current occupant is concerned I would suggest that she may be protected by the Settled Land Act 1925. I would have to look into this further to be certain.

Talk to a property law specialist.

Good luck.

Answer 8

I was going to ask you what were the specific provisions under the will with regard to your stepmother, but you answered that already - as I suspected, the provision was that she would get to live in the house for the remainder of her life. If I am not mistaken she would be responsible for the upkeep of the house for as long as she is in full and lawful possession of it.... since, under the terms of the will, she is the lawful owner right up to her death. The only thing she cannot do, of course, is sell the house .
Upon your stepmother's death, the property reverts to your and your sister's joint ownership, to do with it as you choose. Your stepmother's family would have absolutely no claim on it, or any rights whatever in connection with that property.

Answer 9

You didn't say how old your stepmother is but if the will stated that your father wanted her to have a roof over her head until she dies then that is what must happen unless she has to go into sheltered housing or care. If you want to sell the house you could offer her a sum of money to leave and find somewhere else to live. Good luck.

Answer 10

What you need to get is professional help. The advice that the well meaning people answering here could give you is not anywhere near that. If you cannot negotiate a solution with your stepmother, then get that advice sooner rather than later.
There are issues such as her contribution to the marital home that may have to be taken into account. This could be a can of worms if you don't tread very carefully.
Best of luck.

Answer 11

It all depends on how your father set her up. She may be entitled to live there until her death, and her family has no rights or claims. I think its called a life estate. She is responsible for the taxes, general upkeep, insurance and such. When she passes the house will then go to you to do as you wish. The step mother cannot sell or will the house to anyone else. She has no rights other than a place to live.