Tenants in Common/Joint Tenants

tyllwyd

If you still aren't sure, have you looked through the documents relating to the house sale or spoken to the solicitor who dealt with it for your sister - I'm sure the answer will be in there somewhere. As you say, joint tenants sounds most likely.

nic82

prudryden wrote:

That's the first shot by the person's lawyer. By him not accepting the claim, doesn't stop you proceeding. If he doesn't show up at the magistrates court, he risks losing by default. He's already looking for a settlement.

Ooh, I didn't realise that. My sister's partner had legal expenses cover on his motor insurance so we've got a solicitor through that who is doing the claim for us (although I still seem to be filling in form after form!) but he didn't mention that. I'll mention it to him in a letter when I send the form back.

Thank you for letting me know.

nic82

tyllwyd wrote:

If you still aren't sure, have you looked through the documents relating to the house sale or spoken to the solicitor who dealt with it for your sister - I'm sure the answer will be in there somewhere. As you say, joint tenants sounds most likely.

I spoke to my sister last night and she's going to look through the documents that she has relating to the house sale just to confirm, but I'm pretty sure it is joint tenants as the whole house passed to her on her partner's death.

prudryden

Sorry - I seem to be missing something. What does the solicitor of the person that you are suing for causing a fatal accident have to do with the estate settlement and probate of that estate??

Bossyboots

prudryden wrote:

Sorry - I seem to be missing something. What does the solicitor of the person that you are suing for causing a fatal accident have to do with the estate settlement and probate of that estate??

I'm a bit confused too. I didn't think a deceased person could make a claim so presumably the sister is claiming. Does legal expenses insurance extend to spouses in this way?

From what the OP has said, it seems that some claim is being made in the name of the deceased and for this to be actioned then it would be reasonable to expect the executor to obtain probate.

If it is the sister claiming, then probate would seem totally irrelevant.

nic82

Urgh, sorry I think I've confused myself too. I'll try and explain better.

When my sister's partner died, his half of the house passed to her. A few months later, she decided to sell the house (she was only 21 when he died and didn't want to live in the house anymore so moved back in with my parents. Unfortunately, they hadn't taken out life insurance, so she wouldn't have been able to afford the mortage by herself anyway TBH).

I spoke to the probate office and they told me that I didn't need to apply for probate (my sister's partner's bank accounts were nearly all overdrawn, so there wasn't any money left anyway). My sister was able to sell the house without probate being granted.

The CPS decided that they would not be prosecuting the other driver even though they stated he was at fault. The police could not understand this decision and unofficially recommended that we pursue him through the civil courts to try and regain some costs (such as funeral expenses).

My sister's partner's insurance had legal cover, and after speaking to them, they agreed to appoint a solicitor to act on our behalf.

The solicitor has started the proceedings to try and regain the costs, as well as the value of my sister's partner's motorbike which was written off in the accident but only covered by third party insurance.

The other driver appointed a solicitor. When our solicitor approached the other solicitor (I presume for an out-of-court settlement, but I'm not 100% sure), the other solicitor said they wouldn't accept an application for a claim as probate hadn't been granted (even though the probate office told me I didn't need to apply for it).

Therefore, my solicitor has started to apply for probate on our behalf, but the probate office in Birmingham asked that we complete the inheritance tax form before they can grant probate.

I hope this makes sense. I've never had to do anything like this before and am getting confused by it all.

Krista_2

I have a Survivorship Deed which states:
"Neither party may sell their undivided interest without the mutual consent of both parties and neither party may rent, lease or assignin any way her interest in the property without both parties mutual consent."

20 years ago my partner took me to court and we had a 3 day trial. She wanted (and still does) to sell and I did not. In short; I won! The clause above was put in to the deed by the courts. My partner has never lived here nor has she ever been here except for the trial. The taxes are in both of our names but I am the one who has paid all the property taxes and the up-keep of property and house.

She wants me to buy her out but not for the amount she put in 20 years ago but the value of the property in the market today. This is impossible as I do not have the finances.

Do I have any options at all?

neverdespairgirl

prudryden wrote: »

That's the first shot by the person's lawyer. By him not accepting the claim, doesn't stop you proceeding. If he doesn't show up at the magistrates court, he risks losing by default. He's already looking for a settlement.

Not the Mags court - that's for criminal and occasionally some family cases. Most likely the County Court.

neverdespairgirl

Krista wrote: »

The taxes are in both of our names but I am the one who has paid all the property taxes and the up-keep of property and house.

Are you in the UK? I ask because your use of the phrase "property taxes" instead of "council tax" suggest you might not be.

McKneff

are you sure that the young man 's life was not insured. i thought it was mde compulsory by the mortgage lender these days just to avoid this type of situation. Sorry if i am wrong,