Wills

[starone]

Youngest daughter, of four children, still living with mother in family home. If mother dies intestate, will the daughter have to leave the home or can she stay there until the house is sold, to be divided between the four children?

[dzug]

She won't have to leave it immediately, if that's what you are asking, but she will need to come to an agreement with the others on the terms on which she occupies it - eg will they want rent, etc?

[tamborine]

If its your home....the others can't have their share till you vacate & property sold. OR they may have to provide alternative accommodation as you are a sitting tenant - if you stay you will have to pay them rent.

[Barmaid]

Sorry, not convinced this is a tenancy - it is a family arrangement. Generally it would be in the interests of everyone to allow the daughter to remain until the house is sold, but she would have to pay rent. The executors, can, however force her to leave since her licence to remain would expire on the death of mother (unless there is a valid tenancy - which is extremely unlikely as there is no exclusive possession).

There is a possibility of an Inheritance Act claim in this situation though, depending on the circumstances.

[bathtub]

Why should mother die intestate?
It's really quite simple to draw up a valid will. There are many websites that can help with this, but getting proper advice in the real world doesn't need to be that expensive or difficult, and you should go for it. The possibility also exists, for example, of creating a trust which allows youngest daughter to continue to live in the property until it is sold.
Dying intestate means that surviving relatives face months or years of legal hassle. If those survivors are already living in reduced circumstances, it can make their situation next to impossible.
Unless you're talking about a house with an outstanding mortgage or other charges on it and/or a very argumentative family, I see no reason why that daughter shouldn't stay where she is.

[starone]

Thanks very much for everyone answering my question. The house is fully paid for and unfortunately the mother (my sister-in-law) refuses to make a will. I think she thinks she will die immediately! However, this has been very helpful and constructive. I will try and use it. Isn't Answerbank wonderful? I couldn't do without it!