Mum passed away..no will..help

Jennifer_Jane

I'm sorry for your loss as well (thanks for the reminder 967stuart). It's so very sad to lose your mother, especially as you say that she was quite young. Very hard dealing with all of this too.

I don't think I know enough about this to comment really. But if you and your sister are fine about his staying in the house for the rest of his days (how old is he?), why don't you both retain ownership (once probate has established it's yours) and keep in your names and allow him to have usufruct of the house. With this, he has the use of the house but must maintain it. Mortgage should be paid by you and your sister. I can't remember if he could let out the house (ie get the 'fruits' of the house). Just saying, that I think I wouldn't let him have his name on the deeds. Actually, I think if he's got the insurance (and depending on how much it is), and he loves the house, can't he pay you and your sister out to remain there?

Obviously your mother was clear about her wishes - she didn't do a will so presumably intended you and your sister to have the house, but she did do life assurance. She'd clearly thought about things.

If you feel that he's contributed 6 years' worth of maintenance, etc, perhaps you could let him have the house at a good price or give him something from the proceeds.

I wonder why your father's name wasn't removed from the mortgage as part of the divorce agreement?

PS - sorry my post crossed with the OPs

967stuart

To be honest, (I'm not legal) but I can't see how you could contest a life insurance policy, if you mother filled it out and specifically named him as the beneficiary.

As for the house, then I actually think your 50/50 is perfectly reasonable.

proactive

sorry for your loss

JimmyJack

967stuart wrote: »

To be honest, (I'm not legal) but I can't see how you could contest a life insurance policy, if you mother filled it out and specifically named him as the beneficiary.

As for the house, then I actually think your 50/50 is perfectly reasonable.

I am not contesting the life insuarnce policy. I am questioning the remaining money and my mums house.

Errata

Insurance policies that pay out on death are outwith the deceased's estate and go straight to the named beneficiary.
Your offer to the partner is more than generous, he's turned it down (I hope you have all this in writing). As there appears to be no will someone - I suggest it's a family member - must apply to the Probate Office for Letters of Adminstration, and I suggest this is done ASAP. I also suggest that a solicitor is consulted ASAP.

JimmyJack

JimmyJack wrote: »

I am not contesting the life insuarnce policy. I am questioning the remaining money and my mums house.

So you think he (boyfriend) should get £100k (life insurance) and half the house. And her (blood) daughters get 50% share of the house ?

Errata

JimmyJack wrote: »

I am not contesting the life insuarnce policy. I am questioning the remaining money and my mums house.

Cross posted. Any assets belonging to your mother now belong to her estate, which someone - and I suggest it's a family member - must apply to administer.

SailorSam

I don't think your Mums partner is entitled to any part of the house, he should think himself lucky that he's getting the insurance.
Not sure about your Dad, there was something on the news over the last few days where a man had tried to claim 50% of the family home when it was sold even though he'd left years before. I think the Court said he could only have 10%.

JimmyJack

I too think we have been more than generous.
I think we should recall the offer and let him just walk away with his £100k. If he feels he is due any more money from the house he can take us to court ?

Would you say that is more than fair ? Is it likely he would get anything from the house ?

967stuart

JimmyJack wrote: »

So you think he (boyfriend) should get £100k (life insurance) and half the house. And her (blood) daughters get 50% share of the house ?

Why are you quoting (and questioning) yourself.

I smell a troll