Weird situation

twinty

Wonder if anyone has any thoughts on this:

1. Father dies, leaves property to son, will is never executed
2. Son dies without inheriting property (so everything is still in his father's name)

I've already been living at the said property (not adversely because I knew the father) for 20 years but have only just found this all out. Obviously I want to continue living here.

Could I now get a possessory title on the property (and avoid taxes?) and do his kids/family have any right to oppose it (i.e can you inherit something from your father that didn't actually transfer to him)

Thanks for any ideas

DUTR

Surely the estate goes to next blood line if there is no will.

Mojisola

twinty wrote: »

1. Father dies, leaves property to son, will is never executed
2. Son dies without inheriting property (so everything is still in his father's name)

I've already been living at the said property (not adversely because I knew the father) for 20 years but have only just found this all out. Obviously I want to continue living here.

Could I now get a possessory title on the property (and avoid taxes?) and do his kids/family have any right to oppose it (i.e can you inherit something from your father that didn't actually transfer to him)

Whoever is dealing with the son's estate would have to get the father's estate sorted out.

He/she would then distribute the son's estate.

Why do you think you would have any rights to the property?

tanith

Whatever needs to be done the family own the property, you cannot own this property it belongs to someone in the family... the estate needs sorting out but you can't inherit something that was left to someone else his descendant will inherit.

FatVonD

I believe there is a certain period by which the son would have had to survive the father to inherit (can't remember if it's a day or a month) but even if the son had died before the father the property would have been passed down to the next closest relative.

Were you a dependent of the father? If that was the case you may have some rights to continue living there.

g6jns_2

DUTR wrote: »

Surely the estate goes to next blood line if there is no will.

There is a will.

g6jns_2

FatVonD wrote: »

I believe there is a certain period by which the son would have had to survive the father to inherit (can't remember if it's a day or a month) but even if the son had died before the father the property would have been passed down to the next closest relative.

Were you a dependent of the father? If that was the case you may have some rights to continue living there.

There is no rule about a day or a year.

CRANKY40

The son did inherit the property because it was willed to him. There is no rule that you have to transfer property to your name as soon as you inherit it. I inherited my husband's house when he died in 2009. When I sold it during the process of moving house in 2014 I had to provide the documents giving me the right to ownership to the solicitor. At no time was the house registered in my name.

Mojisola

FatVonD wrote: »

I believe there is a certain period by which the son would have had to survive the father to inherit (can't remember if it's a day or a month)

Most wills have a clause that says - I leave my money to XXX as long as he/she survives me by Z (usually a month), otherwise my estate goes to YYY.

If the first deceased and their beneficiaries are in, say, an accident which results in several deaths, this clause saves having to pass what's left through probate several times.

jackomdj

Op what was the time difference in deaths? Also what is your relationship to the father and how long ago did they die?