Sale family home on Death of Owner

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trojan

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In a case where a widow dies leaving her estate in equal shares to her 3 adult children and appointing each of them_her executors and where one of her children reside in the family home what would be regarded as a reasonable period for that person to vacate the property so that it could be sold and proceeds divided
 
I have no legal expertise but if there is a dispute i.e. the person currently living in the house wants to stay and the other two executors want that person to vacate then I imagine that two executors versus one wins the day. Maybe if you provide some more details so that someone with legal expertise will be more likely to respond.
  1. How long has the person been living in the house?
  2. Was that person a carer for their mother and was that function officially recognised?
  3. Do they have their own place to move back in to?
  4. Is that person claiming residency rights?
  5. Are they in a relationship and if so is there a possibility that they might at some time want to move their partner into the house?
  6. Have you started the Probate process yet?
  7. Have the Deeds of the house been located?
The process of gaining Grant of Probate and selling the house will likely take a year and possibly longer - you cannot sell the house and distribute the proceeds until you have Grant of Probate. Someone staying in the house at least up to the point of putting the house on the market would be good especially if they undertake the task of going through all files and papers to assist in putting together all the facts needed for the Probate application.
 
Check that the will has not created any kind of tenancy for the beneficiary currently residing in the house e.g. Mary may continue to live in the house until she decides to leave or for her lifetime.
 
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