My daughter passed away, no will, property is tennent in common

Lostmummy

Hi everyone, I am sorry to bother you, I am just rather confused with everything.
My daughter passed away unexpectedly. She jointly owned her home with her partner. They were not married or civil partners and they have no children and she left no will . Her partner has put the flat on the market and has advised that the solicitor he is using has said that as I am next of kin I can sign the papers to proceed with the sale on her behalf. I don't think this is right as I have not applied for administration papers yet. I have got the papers here now to fill in, is there anything I can do at this stage whist I wait for the administration papers to be granted ? in addition I would like to apply for joint administration with her father. We are no longer together as man and wife and we both have new partners and we are all happy to cooperate together. Can we joint administer our daughters half of the estate ? Would we need to send sepperate applications or could we do it on one form? Sorry for so many questions, I am rather confused with all this at the moment . Many thanks.

Yorkshireman99

Lostmummy wrote: »

Hi everyone, I am sorry to bother you, I am just rather confused with everything.
My daughter passed away unexpectedly. She jointly owned her home with her partner. They were not married or civil partners and they have no children and she left no will . Her partner has put the flat on the market and has advised that the solicitor he is using has said that as I am next of kin I can sign the papers to proceed with the sale on her behalf. I don't think this is right as I have not applied for administration papers yet. I have got the papers here now to fill in, is there anything I can do at this stage whist I wait for the administration papers to be granted ? in addition I would like to apply for joint administration with her father. We are no longer together as man and wife and we both have new partners and we are all happy to cooperate together. Can we joint administer our daughters half of the estate ? Would we need to send sepperate applications or could we do it on one form? Sorry for so many questions, I am rather confused with all this at the moment . Many thanks.

The property cannot be sold until someone has letters of administration. The solicitor is wrong! Once someone has those then the estate has to be disposed of according to the intestacy rules. You can apply jointly for LOAs but there is no particular need to do so. The proceeds of the estate are shared equally to the two parents.

FreeBear

The partner can not sell without the consent of the executor(s), Once an application for a grant of administration is made, the Probate Registry usually takes a couple of weeks to send the grant back.

You will only need to fill out the one form and enter details of all the executors - The papers will be sent to the first name on the list.

Lostmummy

Thank you so much guys, I very much appreciate it. I have been googling like mad today and the direct gov website said administeration papers were needed too. I can only guess the solicitor got the wrong end o the stick when my daughters partner explained and assumed I had the papers already . I have the papers here to fill in. Thank you for the clarification.

Mojisola

Lostmummy wrote: »

My daughter passed away unexpectedly.

She jointly owned her home with her partner.

They were not married or civil partners and they have no children and she left no will .

There are two ways to own a property with someone else - as 'joint tenants' or as 'tenants in common'.

If your daughter and her partner were joint tenants, then the flat now belongs completely to him and is not part of her estate.

Lostmummy

Thank you Mojisola. As in the title of my post, they were tenants in common. I have checked with the land registry and the mortgage company have confirmed this . If it had been joint it would be a lot easier me thinks.
Thank you anyway.

Lostmummy

The forms to apply for administration ask about insurances that were in place to cover the death of one of them. I know there was one and it was paid out to her partner. I am assuming that the insurance was meant to pay off the mortgage in the event of the death of one of them. I know he paid some money off the mortgage with it and settled a joint loan secured to the property and kept some for other things he needed. Does anyone know how this will impact on my daughters side of the estate? My first concern is that the rest of the mortgage will be paid off first by the sale and I know there is enough collateral in the sale to do this.

gettingtheresometime

just wanted to say I'm sorry for your loss.....a death is never easy to deal with but a child's death (however old they are) is twice as hard in my book
x

lisa110rry

Yes, me too Lostmummy. I'm so sorry for your loss.

Lostmummy

Thank you for your kind words, i struggle to believe this has even happened let alone having to get my head round all the legal stuff. I think it's probaly keeping me sane though to be honest. More confusion today, I will post in a sepperate thread so I do not get this all mixed up . Once again, thank you x

Lostmummy

Please can you help. If a person passes away , they are tenents in common with a property with a unmarried partner and they have not left a will but have left a declaration of trust in the partners name as beneficiary of the property on death. Does the declaration of trust supersede the laws of intestate? Also If I am named as benificiary on the declaration of trust can I just sign this over to her partner. He has advised that his solicitor who he is selling the house through says that this is ok and therefore I would not need to apply for letters of administeration to deal with the selling of the property at all as next of kin after my daughter / his partner passed away . His solicitor says If his name is on the declaration of trust I am not needed to sell the property as it all goes over to him, and if my name is on the declaration of trust I just have to sign that over to him and no administeration letters needed to do that .I don't know if this is correct. Please can you assist? Many thanks in advance . Lostmummy.