My mum is desperate!

rpc

Post 32 says that the deceased was sole proprietor, subject to confirmation when the title is seen.

If you have the birth certificate for the daughter, I would send that to the solicitor. It might buy some time.

Ultimately, mum is almost certainly going to have to move out. A claim could be made that she was dependent, but that could be hard going and expensive. Sister could argue that she is acting as administrator and, regardless of the ultimate beneficiary, she has to evict mum in order to carry out her legal duty. Whether is is sister or daughter that the house goes to, it is "the house" that is inherited and not "the house with partner of the deceased in residence."

If mum thinks she can stay, what is the basis of her claim? She didn't own the house, has no tenancy, etc etc. As partner her status is probably "guest". No will and no marriage probably means no right to occupy.

And still we hear people argue that wills aren't important, intestacy is fine and marriage is just a piece of paper...

Pollycat

rpc wrote: »

Post 32 says that the deceased was sole proprietor, subject to confirmation when the title is seen.

The OP also said that the flat originally belonged to her Mum's partner's Dad who left it to him, his sister and his sister's husband:

Xxwkd wrote: »

The flat was originally the father of the sister and my mums partner and was left to him, his sister and her husband in the fathers will.

so maybe at some stage the OP's Mum's deceased partner bought out the sister and her husband.

AMILLIONDOLLARS

Bottom line, send proof that a daughter was born to the deceased. It would now be up to the solicitor involved to track her down, normally an Ad in the relevant newspapers etc....

Also make the Sister aware, that you know that there is another next of kin involved, this might slow her down on the eviction. If you have the Birth certificate, why not try to trace the mother of the daughter as well! The programme Heir Hunters are coming to mind, why not get the company involved?

Suggestions worth a try.

Good luck for the future.

AMD

Dimey

rpc wrote: »

Post 32 says that the deceased was sole proprietor, subject to confirmation when the title is seen.

If you have the birth certificate for the daughter, I would send that to the solicitor. It might buy some time.

Ultimately, mum is almost certainly going to have to move out. A claim could be made that she was dependent, but that could be hard going and expensive. Sister could argue that she is acting as administrator and, regardless of the ultimate beneficiary, she has to evict mum in order to carry out her legal duty. Whether is is sister or daughter that the house goes to, it is "the house" that is inherited and not "the house with partner of the deceased in residence."

If mum thinks she can stay, what is the basis of her claim? She didn't own the house, has no tenancy, etc etc. As partner her status is probably "guest". No will and no marriage probably means no right to occupy.

And still we hear people argue that wills aren't important, intestacy is fine and marriage is just a piece of paper...

rpc - I agree with all you say but one question..... If there is no will and the deceased died intestate then does the sister have the legal right to appoint herself administrator?

AMILLIONDOLLARS

The Mother of the Daughter might be traced using the Electoral Roll, I am assuming that the district of the child birth would be on the certificate, maybe the Mother's DOB details, all starting points to tracking them down. I would not be surprised if the Sister is holding back details of where she is. Before your mother moves out, time to have a look in the loft, her partner could have some important papers hidden up there or around the house.

AMD

rpc

Dimey wrote: »

rpc - I agree with all you say but one question..... If there is no will and the deceased died intestate then does the sister have the legal right to appoint herself administrator?

If she is the closest living relative, then yes. If daughter is still alive then the daughter would have first refusal and the sister could not jump the queue as administrator. If the daughter is not known about, then sister would still be reasonable in her actions.

Hierarchy starts off: Spouse, Offspring, Parents, Siblings

hardpressed

Unless I've miss something, we're assuming that the daughter's mother and father, if they were married, are divorced, otherwise that opens another can of worms.

Xxwkd

Ok, so what we know for definite is that the title deeds are solely in the deceaseds name and that he had a daughter in wedlock. But they separated shortly afterwards. And then he only saw her a few times after that. The daughter, is as far as we are aware, still alive and the sister KNOWS about the daughter. So far I have managed to find a registered birth of the daughter but nothing else. My mum has newspaper clippings that her partner had kept from when she was born, so we knew the mothers Christian name but not her maiden name. I have now found out the mothers maiden name, but as I have never done anything like this before not really sure what else to do. Someone mentioned were the mother and father of the daughter divorced I have asked my mum and this answer she does not know. We do know where she was born but as she may have married we do not know what her surname would be now.

Mojisola

Xxwkd wrote: »

Someone mentioned were the mother and father of the daughter divorced I have asked my mum and this answer she does not know. We do know where she was born but as she may have married we do not know what her surname would be now.

If they weren't divorced, then the wife would inherit up to £250,000 (see the intestacy rules for the full details). If the parents were divorced or never married, the daughter is the first in line to inherit and she will be entitled to all the estate.

Did you see the PM I sent you?

Xxwkd

I forgot to add that even though we have found out a bit more about the mother than we have about the daughter, she also may have remarried and so again we would not know her married name and we only know where the daughter was born so know idea where they could be now.