Mum died - am i entitled to anything

Ivrytwr3

In 96 my mum died, leaving my stepday, my brother and I. In 97 i left the family home and joined the forces and have never returned.

OK background the house was newly built by my stepdad and mum, i have no idea if a loan or mortgage was taking out by one or both of them. As my brother and i have never got on with my stepdad we have never been back. When my mum died she did not have a will (it was quite sudden and she was only in her 40's).

Anyway, i did half !!!!!! attempt to see if i was entitled to anything, the solicitor found that there was no will and shortly after i went overseas and never picked up where i left off.

My question is am i entitled to any claim on the house (i have my own family now) and if so how do i go about chasing this up and does anyone recommend a good solicitor for the job?

Ta all.

Bossyboots

This depends on how the house was held.

Tenants in Common - Each owns their own half and can leave it to who they please. Without a will her husband would receive the first £125,000. He would then get a life interest in the interest on half of anything over that sum but could not touch the capital. This applies to the whole estate held in the sole name of the deceased person, not just the property by the way. The other half passes to the children immediately with the balance passing to them once the surviving spouse has died.

Joint Tenants - this means they hold the house on equal terms and when one dies the share of the property passes immediately to the surviving spouse and does not form part of their estate. This applies to any joint assets as well.

You would therefore need to know more about how they held the property and assets to know whether or not you and your brother should have received a share. You need to find a good probate solicitor in your area who can write to the stepdad asking for confirmation of the issues set out above. I am not sure you are going to get anywhere with this, certainly not without spending some money trying.

Ivrytwr3

I am not sure you are going to get anywhere with this, certainly not without spending some money trying.

Thought as much! It's just something that has been bugging me for a few years, am i entitled to anything. I'm not that bothered as my stepdad was good to my mum, i just don;t like the bloke and if i coul get something it would be great for me and my family.

Thanks