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  • FIRST POST
    • Treehoger1
    • By Treehoger1 12th Jun 17, 9:23 PM
    • 3Posts
    • 0Thanks
    Treehoger1
    No will mum dies
    • #1
    • 12th Jun 17, 9:23 PM
    No will mum dies 12th Jun 17 at 9:23 PM
    Hi, hope you can give me some advice.
    My mum passed away 3 months ago. I am the only child and my dad has been living in the family house.
    There has been no will and my dad said things were very difficult for him to sort out. I was wondering how long these things take? Family house is worth a lot of money, I understand that my dad would inherit £250k of the estate and the rest would be shared equally between us. Is this correct? And how would I find out what is the situation with the house? Reason I am asking is, that my dad had a stroke around 6 weeks ago and he cannot communicate. He is still in the hospital and they are talking about discharging him. Doctors say that he will need to go to nursing home as he needs 24hr per day care and often two people will be required to care for him. I will be trying to get NHS continuing support. I know it is difficult to obtain this funding, so I may be asked to pay for it, or for the house to be sold to cover the cost? There is no savings. How do I find out if my dad owns the house or have I got share in it?
    There is no lasting power of attorney, how do I get things sorted? Have you got any advice? Thank you
Page 1
    • Yorkshireman99
    • By Yorkshireman99 12th Jun 17, 9:35 PM
    • 2,963 Posts
    • 2,319 Thanks
    Yorkshireman99
    • #2
    • 12th Jun 17, 9:35 PM
    • #2
    • 12th Jun 17, 9:35 PM
    Hi, hope you can give me some advice.
    My mum passed away 3 months ago. I am the only child and my dad has been living in the family house.
    There has been no will and my dad said things were very difficult for him to sort out. I was wondering how long these things take? Family house is worth a lot of money, I understand that my dad would inherit £250k of the estate and the rest would be shared equally between us. Is this correct? And how would I find out what is the situation with the house? Reason I am asking is, that my dad had a stroke around 6 weeks ago and he cannot communicate. He is still in the hospital and they are talking about discharging him. Doctors say that he will need to go to nursing home as he needs 24hr per day care and often two people will be required to care for him. I will be trying to get NHS continuing support. I know it is difficult to obtain this funding, so I may be asked to pay for it, or for the house to be sold to cover the cost? There is no savings. How do I find out if my dad owns the house or have I got share in it?
    There is no lasting power of attorney, how do I get things sorted? Have you got any advice? Thank you
    Originally posted by Treehoger1
    If there is no will then the intestacy rules apply. This page tells you the rules

    https://www.gov.uk/inherits-someone-dies-without-will

    Nursing care is paid for by the NHS. If need be the local authority pay they will put a charge on the house. You can check the ownership hrere

    https://www.gov.uk/government/organisations/land-registry

    A small fee is payable.
    • Kynthia
    • By Kynthia 12th Jun 17, 9:48 PM
    • 4,963 Posts
    • 6,935 Thanks
    Kynthia
    • #3
    • 12th Jun 17, 9:48 PM
    • #3
    • 12th Jun 17, 9:48 PM
    Was the house owned by both as joint tenants? If so it passes to the joint owner automatically outside of any will instruction or intestacy rules.
    Don't listen to me, I'm no expert!
    • Treehoger1
    • By Treehoger1 12th Jun 17, 9:55 PM
    • 3 Posts
    • 0 Thanks
    Treehoger1
    • #4
    • 12th Jun 17, 9:55 PM
    • #4
    • 12th Jun 17, 9:55 PM
    Hi, yes they were both tenants, I am not sure what exactly it is but I think it is joint tenants. I just checked land registry and both of my parents are there as registered owners.
    Thank you Yorkshireman and Kynthia.
    I was going to move in to the house with my family and help my dad but now it doesn't look like he will be moving back. If the local authority puts a charge, does it mean we can still move in and pay back at some arrangement? Or will the house have to be sold?
    • Yorkshireman99
    • By Yorkshireman99 12th Jun 17, 10:02 PM
    • 2,963 Posts
    • 2,319 Thanks
    Yorkshireman99
    • #5
    • 12th Jun 17, 10:02 PM
    • #5
    • 12th Jun 17, 10:02 PM
    Hi, yes they were both tenants, I am not sure what exactly it is but I think it is joint tenants. I just checked land registry and both of my parents are there as registered owners.
    Thank you Yorkshireman and Kynthia.
    I was going to move in to the house with my family and help my dad but now it doesn't look like he will be moving back. If the local authority puts a charge, does it mean we can still move in and pay back at some arrangement? Or will the house have to be sold?
    Originally posted by Treehoger1
    Someone will need to deal with her estate first, You need to establish if they owned it as joint tenants in common or joint tenants. Perhaps a visit to the CAB would be a good start.
    Last edited by Yorkshireman99; 12-06-2017 at 10:56 PM.
    • McKneff
    • By McKneff 12th Jun 17, 10:39 PM
    • 35,522 Posts
    • 45,717 Thanks
    McKneff
    • #6
    • 12th Jun 17, 10:39 PM
    • #6
    • 12th Jun 17, 10:39 PM
    Op said in the original post that mum left no will
    No one can make you feel inferior without your consent
    • Kynthia
    • By Kynthia 12th Jun 17, 10:52 PM
    • 4,963 Posts
    • 6,935 Thanks
    Kynthia
    • #7
    • 12th Jun 17, 10:52 PM
    • #7
    • 12th Jun 17, 10:52 PM
    Hi, yes they were both tenants, I am not sure what exactly it is but I think it is joint tenants. I just checked land registry and both of my parents are there as registered owners.
    Thank you Yorkshireman and Kynthia.
    I was going to move in to the house with my family and help my dad but now it doesn't look like he will be moving back. If the local authority puts a charge, does it mean we can still move in and pay back at some arrangement? Or will the house have to be sold?
    Originally posted by Treehoger1
    Whoever is dealing with the estate will need to find out whether tgey were joint tenants or tenants in common as this is important. This forum can help point that person in the right direction with how to deal with the estate once someone has all the infirmation to hand. However I can imagine it's an unbelievably stressful time with your dad in hospital too.

    I would imagine Age Concern would have information about going into care and how it will be funded. Try their site.
    Don't listen to me, I'm no expert!
    • Keep pedalling
    • By Keep pedalling 12th Jun 17, 11:05 PM
    • 3,573 Posts
    • 3,844 Thanks
    Keep pedalling
    • #8
    • 12th Jun 17, 11:05 PM
    • #8
    • 12th Jun 17, 11:05 PM
    If, as likely, they were joint tennants then your father now owns the house outright, and as your mother had no other assets of note then you do not need to apply for letters of administration.

    If on the other hand they were tennants in common, he owns his share and will inherit her full share if it is below £250k otherwise £250k + 50% of the remInder. In this case you will need to apply for letters of administration.

    The real dificulty you are going to have is with the lack of an LPA, because to manage his affairs you will need to apply to the courts for deputyship.

    https://www.gov.uk/become-deputy/overview
    • Treehoger1
    • By Treehoger1 13th Jun 17, 10:16 PM
    • 3 Posts
    • 0 Thanks
    Treehoger1
    • #9
    • 13th Jun 17, 10:16 PM
    • #9
    • 13th Jun 17, 10:16 PM
    Hi All,
    Thank you for all your replies, lots to look at and will do. Much appreciated and will keep updated
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