Homeowner Who Excluded Grandchild From Inheritance Backed: 'Evict'

A person living rent-free in the home of their grandmother, who has now died, has faced a backlash online.

In a post shared on Mumsnet, user OrangeBlankets wrote that they have been living in their grandmother's house for more than two years after the late woman moved into a care home.

OrangeBlankets wrote that "the person who had POA [power of attorney]" for their grandmother "agreed for me to move in and said it was ok for a short time and that I didn't have to pay rent." The user added that they have been paying the bills.

Both the grandmother and the person who had power of attorney have now died, and OrangeBlankets wrote that "the executors want me to move out. I don't have anywhere to go, can they evict me?"

According to a Pew Research Center survey of U.S. adults conducted in October 2021, around half of Americans (49 percent) say the availability of affordable housing is a major problem where they live.

Nearly three-quarters (70 percent) said young adults today have a harder time purchasing a home than their parents' generation did, according to the same survey.

The user in the latest Mumsnet post, who was not included in the grandmother's will, explained that they signed a tenancy agreement with the person who had power of attorney. "The POA was just being kind in letting me stay here and I know I should have saved money while I wasn't paying rent but I couldn't manage.

"I do have a job now but I haven't saved money up because I haven't been well," OrangeBlankets wrote, adding "I don't have good mental health."

The care home fees for his grandmother have already been paid, so "they don't need to sell the house for that."

However, "the executors want to sell the house" and "they won't let me stay here even if I do pay rent though," OrangeBlankets explained.

According to a February 2018 blog post on the U.K. government's HM Land Registry website, when the owner of a property dies, if that is registered to a sole owner, you'll need to get probate before it can be sold.

A probate is "the legal right to deal with someone's property, money and possessions (their 'estate') when they die," the U.K. government website explains.

The will of the deceased usually specifies "a named person to deal with the estate (or the deceased's next of kin if there is no will)," which enables them to be a "personal representative" for the deceased.

"If the property is to be sold, probate gives the personal representative the authority to sell it in accordance with the terms of the will," according to the blog post.

Property laws and tenant rights vary by country. Attorney Altagracia Pierre-Outerbridge is the founder and owner of the New York City-based law firm Outerbridge Law P.C., which focuses on landlord-tenant litigation and transactional matters.

She told Newsweek that if the user in the latest Mumsnet post were in New York, "the occupant can seek to remain there for the remainder of the lease, if the lease is still in effect. Otherwise if the lease has expired, the executors have to begin eviction proceedings in housing court to evict the tenant."

Pierre-Outerbridge added that the user should "produce the lease to show that they were in fact a tenant."

According to the attorney, since the tenant has been in possession of the home for more than two years, a 90 days' notice is required to begin any proceeding. The poster would then have a defense to give if the executors do not serve notices within these timelines prior to commencing a proceeding.

Tenants should also keep track of how they're being served "so as to formulate a proper defense of improper service."

Pierre-Outerbridge said: "In NY at least, eviction proceedings can take six months to a year," which would have allowed the user time to "save money and vacate with dignity."

Several users on Mumsnet were critical of the original poster, with Zanatdy writing: "To be honest it's perfectly reasonable you're being asked to leave now..."

User sanityisamyth agreed: "2 years isn't a short time. You've had a [very] good deal living somewhere rent free for that period of time."

Remona wrote: "Why do you think you should be able to carry on living in someone else's property rent free? You should be grateful you've had a good deal for so long and you now need to get into the real world."

Lost123454 added: "You've been freeloading for two years. Time to move out and into the real world."

Newsweek was not able to verify the details of this case.

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