do i need to investigate further? Farthers death 2 years ago

cypher007

hes on his own by all accounts, he chucked his girlfriend shortly after moving into my Dads. my Mum wont be involved as they got divorced years ago.

RAS

cypher007 wrote: »

just a quick update:

LOA still going through.
sent letter to step brother about 2 weeks ago, no reply.
sent letter signed for a week ago, card left didn't pick up.
asked post office to redeliver today, addressee refused to sign for it.

Well the basic advice from various forums is that you do not use signed for mail because the addressee can refuse to sign or not be in.

Two copies of a letter, first class mail from two different post offices with free certificates of posting. Will be deemed delivered 2 days after sending as courts accept one may have gone astray, not two copies.

In view of the difficulties, I would not use the post offices from which you sent the original communications and I would use different envelopes and typefaces.

cypher007

well according to the probate office they sent the oath out on the 14th of Feb 2nd class, gotta love the gov's money saving. i still havent got it, but it could be sat at work Monday morning so ill check then.

G6JNS

cypher007 wrote: »

well according to the probate office they sent the oath out on the 14th of Feb 2nd class, gotta love the gov's money saving. i still havent got it, but it could be sat at work Monday morning so ill check then.

Approximately how much is the house worth?

cypher007

£175k-200K. on that point can I sell it without transferring it into my name? ive heard this is better than transferring it into my name then selling it?

G6JNS

cypher007 wrote: »

£175k-200K. on that point can I sell it without transferring it into my name? ive heard this is better than transferring it into my name then selling it?

If his wife is alive then she would inherit the lot so you would have no claim at all.

cypher007

wife died in 2009.

cte1111

Once you've got the probate grant, then you can sell the property without transferring into your name first.

You will need to grasp the nettle of getting the step-son out of the house though. It sounds as if he is effectively a squatter. I don't know the procedure for removing a squatter but if I were you, I would be reading up on this in preparation. Have you still not been round and spoken to your step-brother?

cypher007

cte1111 wrote: »

Once you've got the probate grant, then you can sell the property without transferring into your name first.

You will need to grasp the nettle of getting the step-son out of the house though. It sounds as if he is effectively a squatter. I don't know the procedure for removing a squatter but if I were you, I would be reading up on this in preparation. Have you still not been round and spoken to your step-brother?

this is my next task after getting probate. I haven't been round for 2 reasons. 1 its about 80 mile and 2 the step brother is probably not going to welcome me with open arms, more like a fist.

G6JNS

cte1111 wrote: »

Once you've got the probate grant, then you can sell the property without transferring into your name first.

You will need to grasp the nettle of getting the step-son out of the house though. It sounds as if he is effectively a squatter. I don't know the procedure for removing a squatter but if I were you, I would be reading up on this in preparation. Have you still not been round and spoken to your step-brother?

A High Court order for possession is the quickest and easiest way.