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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My wife has been left her ex husbands estate and probate

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My wife has been left her ex husbands estate and probate has been granted. The property has to be sold to pay all debts owed by the deseased including credit cards and outstanding mortgage totalling £90k. Her son (my step son) will not move out he's been living there rent free since his fathers death in November 2014to allow the sale how do we start eviction proceedings? All that I've read seems to be related to .
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Could you kindly confirm who has been appointed executor(s) in your wifes ex husbands will please?From what you say do I understand correctly that the estae is solvent? i.e. there is more capital than debt?Finally is your step son living in his fathers property rent free? Has he ever paid rent to your knowledge?
Customer: replied 2 years ago.
Hi my wife was named sole executor, yes more capital than debt will probably equate to £45k after all payments for funeral and current debt.
I think my step son paid his dad to live there to help with electricity and sky etc
. No payments been made for rent since his fathers death
Many thanks for the above. based upon what you say, your wife has full authority to deal with the property because she has been appointed as executor by virtue of section 1 administration of estates act. Accordingly your wife has the same legal rights to deal with the property as did her ex husband during his life. She can therefore give your stepson notice to leave the property. She is required to provide him with a minimum of 28 days notice if he does not pay any rent. She can also warn him that if he remains in occupation after that date, she reserves the right to seek a possession order and to claim an occupational rent based on the property's open market rental value. She has a right to enter the property in order to make an inventory and so on; she cannot use force to evict him if he refuses to leave following the above notice or she may be guilty of a criminal offence under the protection against eviction act however a possession order is not difficult to obtain if necessary and your step son has no defence to enable him to remain in situ. If you would like any assistance with preparing a notice to quit, I would be very happy to do so for a fee of say £40. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.
Thanks I'll come back to you regarding the notice to quit
I'm glad I was able to help. If I can help any further please do. Best wishes