Mum passed away..no will..help

Jennifer_Jane

I think you also need to consider the tax situation. Apologies, I can't remember the inheritance tax details any longer, just mentioning it, that you might need to bring that into the equation.

Don't forget that it was your mum's intention that he got the insurance policy and did not leave a will, therefore thinking her children would have the house. I think the house should be yours and when the estate has been administered, perhaps you could sell the house to her ex-partner at a reasonable price (don't forget the mortgage needs to be paid off as well - did she have any insurance for that at all?).

As SailorSam says, your father may have some claim per The Daily Mail etc reporting currently about the man claiming 50% of the home and only getting 10%.

As they all say, get legal help now.

kingstreet

SailorSam wrote: »

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%.

That was an unresolved situation. In this case, the title to the property had been changed to the mother solely, but with a continued joint mortgage.

In a way the boyfriend is more of a physical problem than a financial one. He's living in a house which effectively belongs to the two kids. What they have to figure out is what to do about the mortgage, which is now their father's sole responsibility.

I agree with Errata. You need to get on the HM Courts Service site and look at the instructions for dealing with an intestacy. Then get legal advice.

kingstreet

More here;-

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029468

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

proactive

967stuart wrote: »

I smell a troll

i think you're sense of smell is poor

the op isn't quoting themselves in the manner you think

967stuart

proactive wrote: »

i think you're sense of smell is poor

the op isn't quoting themselves in the manner you think

If you say so.

Im stepping out of this thread as there is plenty that doesn't sound right to me.

pineapple

My goodness what a tangled web! But I'm confused. You start by saying he is claiming 50% of the house then go on to say he wants 100% of the estate.
Whatever I think you need to separate the issue of the insurance and the feeling that the insurance payout should be enough for him. I can see where you are coming from but the insurance is irrelevant - they are two different matters. The issue is, is he entitled to any of the house? I have a feeling it goes to the blood kin in these circumstances though he could contest for a claim and your father probably has a claim too. It's complicated as his name is still on the mortgage. Does this mean he is technically responsible for payments?
I think morally if not legally the partner is due something. Also he would have to make application - though I doubt he would be awarded 50%. Good luck and keep us posted.

lisyloo

Sorry for your loss.
In your posistion I would recind the offer and get it all sorted out legally.
The only issue I see is that if he lives there then he has access to all her stuff e.g. jewelry etc.
If he didn't contribute to the mortgage at all I can't see he has any rights or hope of getting anything.
If he paid half the bills (elec, gas, water,food) then that was simply to live, that's not putting equity into the property.
I can't see he has any basis to claim anything, although in a practical sense he may have her jewelry, car keys etc.

kingstreet

You might need to have a look at this;-

Inheritance (Provision for Family and Dependants) Act 1975

which concerns co-habitees' rights.

Co-habitees
A surviving co-habitee cannot currently share his or her partner’s estate on intestacy however they may apply for provision (or additional provision) under the 1975 Act if they were living together as the husband or wife of the deceased for at least two years immediately before their death.

proactive

967stuart wrote: »

If you say so.

Im stepping out of this thread as there is plenty that doesn't sound right to me.

au revoir!

SailorSam

If they'd been together for 20yrs i'd be saying he deserves a bigger share than you, it's his house. But after only a short time i'd be more than happy with the insurance if i were him.