Urgent help requied after fathers death

susanmills21

Hi your reply was exactly my way of thinking I just didn't know if this was possible. Just to add to what I have said previously I have just spoken to my mother,who is extremely upset with the whole situation, and she has been told by yet another solicitor to complete a form AS1 to ascend or the house to us ? This doesn't sound right either. My father was a hard working man who took early retirement but passed away age 69. He was very proud and saved for his retirement not alas to spend but to leave his children something. Although I never understood this aspect and would have loved him to spend everything he had on enjoying life, he had this old fashioned outlook . I am just trying to do the right thing by him in trying to unwrangle the whole mess. Yes we could just ask mum to sell the house and pay all liabilities as and if they arose, but I know my dad would have a hairy fit if we did hahah. Were not looking at copious amounts of money this is a very small estate I just want to see his wishes carried out as they should be, Thanks again for your advise.

getmore4less

susanmills21 wrote: »

Hi your reply was exactly my way of thinking I just didn't know if this was possible. Just to add to what I have said previously I have just spoken to my mother,who is extremely upset with the whole situation, and she has been told by yet another solicitor to complete a form AS1 to ascend or the house to us ? This doesn't sound right either. My father was a hard working man who took early retirement but passed away age 69. He was very proud and saved for his retirement not alas to spend but to leave his children something. Although I never understood this aspect and would have loved him to spend everything he had on enjoying life, he had this old fashioned outlook . I am just trying to do the right thing by him in trying to unwrangle the whole mess. Yes we could just ask mum to sell the house and pay all liabilities as and if they arose, but I know my dad would have a hairy fit if we did hahah. Were not looking at copious amounts of money this is a very small estate I just want to see his wishes carried out as they should be, Thanks again for your advise.

That will work.

Just administer the estate producing a standard inventory and account.

Decide what you want to do with the house.

How you get to the point where the estets is settled is a paper exercise. There is little point going through remove mum name and restriction then assenting to you if this can be done in a single step.(if selling don't bother with that step)

the key thing seems to be establishing the beneficial interst as your fathers to avoid mum having CGT, IHT, deprivation issues.

TBagpuss

OP - I think the lawyers are suggesting an Assent (not ascend)

You've mentioned that your mum signed a letter - do you know whether there was a formal order in the divorce proceedings or whether it was literally just a letter? If there was an order, then it may still be possible to get a copy of it from the court, and it would, I think, protect your mum against any issues around deprivation of assets.

If there was just a letter does your mum still have a copy of it? Again, it sounds as if the main issue would be if your mum needs care or benefits and there is any allegation that she has deliberately deprived herself of assets.

susanmills21

Hi I thought I would update you all and thank you for your advise. We ended up changing solicitors and using a probate specialist. My dads house was transferred into the three children's names after the solicitor had a one on one conversation with our mum to ensure that she was not being coerced into giving anything away and that she had no rights to the house as we had previously stated due to divorce. The solicitor was happy that an mistake had been made at the point of divorce and the house should have been transferred into my dads sole name and was happy to proceed on those grounds. After transfer the house was sold and distributed as part inheritance to us three children. Thank you all for the advise regarding this matter.