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Lucky94
Posts: 84 Forumite
I'm writing on behalf of a neighbour had an interesting conversation over the fence this afternoon.
A week ago he heard that his step Mother had died, he hadn't seen her in 20 years plus. She was married to his late Father and she never re married or had children of her own, my neighbour is the only child of his Father. He late Father and Step Mother bought a house together many years ago.
Now he went to the funeral and the Step Mothers Niece was there and was very unfriendly, and told him without reason that she was the sole executor of her will? Then handed him a card to phone her Solictor, he did so the Solictor said he didn't know anything and would phone him back, he hasn't.
Now would he be entitled to the house? He's not even sure whether there is a will or not? I told him to do a search on land registry to search for the deeds it thinks that she wouldn't have changed the name as she hasn't even changed his late Fathers name in the telephone book.
He said that he didn't trust the niece and she was very unfriendly and seemed put out that he turned up.
Where does he stand? What should he be doing? He is a lovely man had a terrible run of back luck and they way he was talking I think that he may well just let it go.
A week ago he heard that his step Mother had died, he hadn't seen her in 20 years plus. She was married to his late Father and she never re married or had children of her own, my neighbour is the only child of his Father. He late Father and Step Mother bought a house together many years ago.
Now he went to the funeral and the Step Mothers Niece was there and was very unfriendly, and told him without reason that she was the sole executor of her will? Then handed him a card to phone her Solictor, he did so the Solictor said he didn't know anything and would phone him back, he hasn't.
Now would he be entitled to the house? He's not even sure whether there is a will or not? I told him to do a search on land registry to search for the deeds it thinks that she wouldn't have changed the name as she hasn't even changed his late Fathers name in the telephone book.
He said that he didn't trust the niece and she was very unfriendly and seemed put out that he turned up.
Where does he stand? What should he be doing? He is a lovely man had a terrible run of back luck and they way he was talking I think that he may well just let it go.
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Comments
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If his father died first w/o a will then everything would have passed to his step mother as she would've been him late fathers next of kin.
Now she has died everything will go to her next of kin, which if she had no children will be her parents, sibling or her neices and nephews ( in that order I believe)
If Dad made a will then this all changes as the will needs to be followed. As it might be that step mother could live there until her death when the house went to your friend. But if father made no will then your friend has no claim to anything I am afraid.0 -
Possibly the niece was unfriendly because the neighbour hadn't seen his stepmother for over 20 years, rather than anything to do with money.0
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If his father died first w/o a will then everything would have passed to his step mother as she would've been him late fathers next of kin.
Now she has died everything will go to her next of kin, which if she had no children will be her parents, sibling or her neices and nephews ( in that order I believe)
If Dad made a will then this all changes as the will needs to be followed. As it might be that step mother could live there until her death when the house went to your friend. But if father made no will then your friend has no claim to anything I am afraid.
Thanks for your reply, would this still be the case if it's he's Dad's name on the house deeds either his Dads name only or even if both names are on the deeds his late fathers and step Mothers?0 -
troubleinparadise wrote: »Possibly the niece was unfriendly because the neighbour hadn't seen his stepmother for over 20 years, rather than anything to do with money.
Yeah just maybe she was totally ashamed of how her Aunt treated my neighbour over the many years from when she first married his Father to when his father died but hey that's a whole new forum..that wasn't what I was asking though.0 -
Go back to the fathers death and estate.
Then follow up the stepmothers estate
If the fathers estate was big enough and intestate then it woud not all go to the spouse.0
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