Dad Died,,,what happens to House

paye

Hi

Just want some advice really. A bit of background info here. sorry to bore anyone.

My mum and dad were married up until 1986, my mum left my dad becuase he more or less kicked us out of the house when me and my sister were young we were 5 & 7 at the time. My mum jointly owned the property with my dad but she put a charge on the property when we moved to London so he couldn't sell it if he tried to.

My mum let him stay at the house because he was mentally ill and he was also sectioned under the mental health act, my dad depended on his brother to care for him for the past 25 years.

Recently my dad died and we just want to know who the property belongs to now?

in addition if my dad brother who is also my dad carer got my dad to write a will before his death , would it be legally binding seeing he wasn't in a fit state of mind.

My uncle got paid carer allowance for looking after my dad and all his benefits were paid into his account.

Any info on this will be much appreciated.

paddedjohn

Did your Uncle live with your Dad?


Assuming not and there is no will then his children inherit his estate (unless he remarried) and your Mums share will go to her when the house is sold.

madbadrob

paddedjohn wrote: »

Did your Uncle live with your Dad?


Assuming not and there is no will then his children inherit his estate (unless he remarried) and your Mums share will go to her when the house is sold.

It is not that straight forward at all. When your mum and dad divorced what was the agreement at the court regarding the house? When you say she was joint tenant was that Tenant in common or Joint Tenant?

The fact there is a charge on the house it cannot be sold without your mum being informed.

If your mum and Dad owned the house as Joint Tenants and not Tenants in common the house on your fathers death became the property of your mother and no will can change that. I would in the first instance confirm that and the divorce settlement regarding the house.

Regarding if a will exists would it be valid. Unfortunately if a will exists it will be on you to prove that it is not valid. I would in this instance check with the probate office if probate on your dads estate has been applied for. If your father believed he owned the house and this is in the will then probate must be applied for. If it hasnt then you should ask them to send the paperwork out for a caveat to be placed on any future probate or download from online. It costs £20.
This will stop probate going through. The executor of the estate should then put a warning against this and you have 8 days to appear to stop the caveat being lifted. I believe if this is the way you are going that you should as soon as possible see a solicitor.

Rob

John_Pierpoint

First step is to go into the Land Registry site and find the house.
It then costs £3 to print out a copy of the title which should show mum's caution.
If it says something about ......... a trust corporation......... then in is most likely "tenants in common" and mum won't automatically get it all, just by sending in a copy of the death certificate and the grant of probate.

http://www.landregistry.gov.uk/public/guides/public-guide-18

RAS

The basics are:

In which country did dad live/is the house? Scottish law is different.

Mum left dad but did they get divorced - absolute and all? If so what was in the divorce settlement?

Was the house owned as a joint tenancy or as tenants in common.

Contact the Land Registry and Probate Registry as per rob and John.

NAR

madbadrob wrote: »

When your mum and dad divorced what was the agreement at the court regarding the house?

That was not stated in first post Rob, you are assuming!

madbadrob

NAR wrote: »

That was not stated in first post Rob, you are assuming!

I was indeed based on them separating in 1986. Slapped wrist for the assumption

Rob

madbadrob

NAR wrote: »

That was not stated in first post Rob, you are assuming!

I was indeed based on them separating in 1986. Slapped wrist for the assumption

Rob

dzug1

paye wrote: »

in addition if my dad brother who is also my dad carer got my dad to write a will before his death , would it be legally binding seeing he wasn't in a fit state of mind.
.

Difficult one - you've no real evidence of the latter or of possible coercion. He may have been - intermittently - capable enough for legal purposes. There will have been witnesses to it being signed - what they say will count for a lot.

Certainly you can raise concerns but they may well get you nowhere other than a fat legal bill

Finding out who owns the house should take priority I think

getmore4less

NAR wrote: »

That was not stated in first post Rob, you are assuming!

The first post contained.

My mum and dad were married up until 1986

NAR

getmore4less wrote: »

The first post contained.

My mum and dad were married up until 1986

Might be just separated though.