HELP!! Too ill to sign transfer deed!!!

johnswife

Bossyboots wrote:

Very sorry to hear that news.

I am surprised the solicitors only want the death certificate. I was expecting more complications than that as indicated by silvercar (I was posting at work this morning so had to be quick and didn't explain enough). I am bit concerned that these conveyancing solicitors may not know enough about estate issues to deal with this properly. Even if the property is held as joint tenants, it is not pass free of encumbrances if MIL has debts to pay.

My sister is doing the conveyancing, has done for over 20 years, but obviously took advice from the main solicitor about the death. As far as I am aware this is the way it is done.

tanith

Just wanted to say sorry for your loss (((hugs)))))))

Just a thought but maybe your FIL will not be in such a hurry to sell and will want to spend time grieving in the house before he decides what to do... I guess it would serve the buyer right for being so unfeeling if he decided not to sell.....

johnswife

Bossyboots wrote:

Very sorry to hear that news.

I am surprised the solicitors only want the death certificate. I was expecting more complications than that as indicated by silvercar (I was posting at work this morning so had to be quick and didn't explain enough). I am bit concerned that these conveyancing solicitors may not know enough about estate issues to deal with this properly. Even if the property is held as joint tenants, it is not pass free of encumbrances if MIL has debts to pay.

Just had to pick up a form from my sister's and she said the house is in "benificial ownership" which means that if one partner dies it automatically goes to the other.

If it was "tenancy ownership" ( might have heard this wrong cos rushing to get daughter from school) then the one partner can will just their half of the house or even sell it.

prudryden

johnswife wrote:

Just had to pick up a form from my sister's and she said the house is in "benificial ownership" which means that if one partner dies it automatically goes to the other.

If it was "tenancy ownership" ( might have heard this wrong cos rushing to get daughter from school) then the one partner can will just their half of the house or even sell it.

Joint tenancy with right of survivorship. It should automatically transfer. All you need is the death certificate and a letter from the executor (if any) to process the transfer.

Alfie_E

Bossyboots wrote:

Even if the property is held as joint tenants, it is not pass free of encumbrances if MIL has debts to pay.

This is my understanding. It doesn’t stop the property from transferring by survivorship to the other joint tenant, or stop that person from disposing of the property. Should the deceased later be declared insolvent at the time of death, the surviving tenant could then become liable for debts up to half the value of the property.

silvercar wrote:

It would depend on how the house is owned, if there is any possibility that the person who has passed away's share of the home forms part of their estate, the buyer may have to wait until probabe is granted. Best involve a solicitor.

You’re right, in principle. You can’t simply assume a property is held as joint tenants. All it needs is for one of the tenants to have attempted to serve notice on the others that they wanted to sever the joint tenancy, and the property is then held as tenants-in-common. However, with a situation like this, where other relatives almost certainly have a deep knowledge of the wishes and financial affairs of the deceased, there’s no problem.

Doozergirl

I'm very sorry for your loss. What a deep shame that your husband has been away

I hope the sale goes through painlessly for your FIL.

johnswife

Doozergirl wrote:

I'm very sorry for your loss. What a deep shame that your husband has been away

I hope the sale goes through painlessly for your FIL.

Thanks, I actually spoke to my husband this morning to tell him and he was extremely upset. He's catching the 1.15pm flight from Korea and lands at Heathrow late afternoon.

Made FIL come and have some tea and he just doesn't know what to do but he definitely wants the sale to go through tomorrow as it will be one less thing for him to worry about. He's been her carer for so long he is now at a loss what to do with his time.

I shall be glad when hubby is back cos I think his dad misses him.

clutton_2

what a terribly stressful time for you all - look after each other .........