Mum passed away..no will..help

lisyloo

i'd be saying he deserves a bigger share than you

It doens't work on what people deserve.
It either works on what the deceased wants or the intestacy laws.

Errata

proactive wrote: »

au revoir!

kingstreet wrote: »

You might need to have a look at this;-

Inheritance (Provision for Family and Dependants) Act 1975

which concerns co-habitees' rights.

Surely this applies only to those co-habitees who were financially supported. by the deceased?

kingstreet

Errata wrote: »

Surely this applies only to those co-habitees who were financially supported. by the deceased?

True. I didn't want to say too much as the OP hasn't shared a great deal of information with us about their relationship.

silvercar

What does the father, with a 85k mortgage liability think?

If he is not happy and doesn't want to continue paying the mortgage, then the house will have to be sold or other people take out a mortgage. Is anyone (you, your sister, the partner) able and willing to take out a mortgage?

bouncydog1

OP I am sorry about your mum - this is a very difficult time for you all.

However, I do think that you need to take a step back and look at everything clearly rather than allowing emotion to cloud opinions.

You need to urgently seek legal advice. Try to prepare yourself for that step by obtaining all documents that you are able to from your mother's papers (if you are able to obtain them).

You then need to see a solicitor specialising in this area to find out what the legal requirements are and also the rights of your mother's partner and all other potential beneficiaries. It really doesn't matter what you think he or you should have from the estate or indeed what his thoughts are on the matter - if your mum left no will then the law will prevail.

Once you have all of this information you will know where you stand. Unfortunately in the aftermath of such a terrible loss, particularly when unexpected, emotions run high and it is very easy to make decisions or assumptions which you would not have made under normal circumstances.

I think this is really your best option, rather than trying to obtain advice from people on a site who do not know the full circumstances.

muskoka

You MUST seek legal advice. You are NOT thinking clearly and don't have all the facts. Make an appointment with a solicitor & take along all the paperwork/information that you have. Certainly I think you should rescind any offer until you have taken legal advice.

If your Mother's partner has the Insurance (100K), then he can go & buy his own house & let you have your Mother's home.

Sorry about your Mum, but you must be strong & go see a solicitor. Chances are your thoughts will be much clearer & concise once you have your options laid in front of you by said solicitor. Until then, commit to nothing!

Yorkie1

muskoka wrote: »

You MUST seek legal advice. You are NOT thinking clearly and don't have all the facts. Make an appointment with a solicitor & take along all the paperwork/information that you have. Certainly I think you should rescind any offer until you have taken legal advice.

If your Mother's partner has the Insurance (100K), then he can go & buy his own house & let you have your Mother's home.

Sorry about your Mum, but you must be strong & go see a solicitor. Chances are your thoughts will be much clearer & concise once you have your options laid in front of you by said solicitor. Until then, commit to nothing!

This is good advice. Please read and act on it.

property.advert

The fact that he helped out with the bills is somewhat irrelevant as he would have had to do so elsewhere if not living with the OP's mother. He was happy to shack up in a house where he knew his name was not on the deeds and upon which he had no legal claim. Yet now in death he wants to take everything.

I might tell him to go to hell and give him 30 days to get out if he keeps up that attitude. By my reckoning the house now belongs to the children and he could easily be persona non grata. He has no lease and no right of abode it would seem. He may have some recourse to the courts but does he want to squander the life assurance payout on legal advice ? I'd guess not.

mcjordi

Im sorry for you loss

But is there a Will??
but i echo the majority of advice here and you really need to seek advice..

kingstreet

mcjordi wrote: »

But is there a Will??

See thread title