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Help with house dad died intestate big mess

Hi my dad died and me and my brother are only surviving relatives (mum deceased) but didn't leave a will. My dad had said we should sell teh house when my brother has sorted somewhere out for himself. There is no mortgage on it.My brother has lived in the house for the last 10 years and has told me he doesn't want to sell it as it's his home. I don't want to fall out with him but don't know what to do next. Please help me with advice. Times are hard financially but I've got a small flat. Would like to be able to do more for my family though. Thankyou.
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Comments

  • katsu
    katsu Posts: 5,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    Brother could look into a mortgage for your half of the house value?
    Debt at highest: £8k. Debt Free 31/12/2009. Original MFD May 2036, MF Dec 2018.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Before considering what to do with the house, you have to sort the estate generally.

    You have to take steps to get you and/or your brother appointed as executor(s) of the estate.

    This process differs for England/Wales and Scotland, so before we go any further, we need to know whereabouts in the country your Dad was resident at the time of his death.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The first thing you have to discover is who is going to inherit the house - hence, who it will belong to.

    This is not something you can simply 'decide' between you.

    As your dad died intestate you need to read this. (assuming England/Wales)

    Or this.

    Or go to your local library and get out a book on the subject.
  • GavB79
    GavB79 Posts: 751 Forumite
    Part of the Furniture 500 Posts
    Who is the eldest? Does that come into it these days?
  • I assumed we would inherit equal shares? My brother cannot get a mortgage for half of the house. He has some debts and not a well paid job. My dad dies in England. Thanks for quick replies.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    GavB79 wrote: »
    Who is the eldest? Does that come into it these days?
    Why ask if you don't know if it's relevant? Not really helping the OP!

    Look the answer up and then, if relevant, ask the OP!
  • My brother doesn't want to do anything. Says it's too soon there's no hurry. Could this get us injto any trouble? Is a very sensitive time.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I am sorry for your loss.

    The estate will have to go through probate. Find out where your local probate office is, and phone them. They are used to dealing with bereaved relatives who haven't got a clue what to do next. They will tell you what you need to do.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks. I've read some info about this and can see things need to be done. It's very hard when my brother doesn't want to do anything about it. I will look into it thanks.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 12 February 2011 at 8:29PM
    GavB79 wrote: »
    Who is the eldest? Does that come into it these days?

    Not these days

    Except I thnk it can be relevent to the order of eligability to be the executors.

    (can't pull up a PA1 to check)
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