Mortgage still in a deceased persons name?

silvercar

davidmcn wrote: »

However, given your friend doesn't appear to have an interest in this property, I'm not sure what she's trying to achieve?

If this had been sorted in a timely fashion. One quarter of the value of the property would be in the name of the husband and would be an asset of the marriage. WHile it is in the name of the deceased it doesn't fall (in an obvious way) into the husband's assets category ie that friend may have a claim on. Also begs the question of whether the deceased's estate has more assets that should belong to the husband.

Land_Registry

There is no legal requirement to notify us of someone's death.
If the sole owner has died and the property is transferred by the executor to the beneficiaries then that transfer deed would have to be registered to change the legal ownership.

Who gets what under any will or who has what % share relates to their beneficial interests so will often be dealt with as part of the executor's role in sorting the deceased's estate.

For example the executor deals with the estate, which includes the property which they then sell. The beneficiaries' shares then click in re the purchase monies.

By the sound of things the husband has not dealt with the deceased's estate so first thing to check, if still relevant to you, is whether probate has been obtained. Where you go next will probably depend on who the executor and/or any beneficiaries may be. If probate has been obtained but the estate not managed/dealt with then it would be for the beneficiaries presumably to pursue the matter with the executor.

antrobus

jumpingjack75 wrote: »

Is that legal?

The executors of a will have a duty to, well execute the will, and they can be removed if they don't. But it's not a criminal offence, if that's what you mean.

And, as far as aware, it's the beneficiaries of a will that have to act against misbeaving executors, and you appear to suggest that they are one and the same.

What does the brother think is going on?

Does the 'dear friend' live in this property?

antrobus

Land_Registry_representative wrote: »

...By the sound of things the husband has not dealt with the deceased's estate so first thing to check, if still relevant to you, is whether probate has been obtained. ...

Start here
https://www.gov.uk/search-will-probate

getmore4less

What are you trying to achieve?

Far to soon to be worrying if a minor detail is legal or not.

silvercar

The executors of a will have a duty to, well execute the will, and they can be removed if they don't. But it's not a criminal offence, if that's what you mean.

There could be tax avoidance issues, if the executors didn't execute the will to avoid the payment of inheritance tax.

Thrugelmir

silvercar wrote: »

There could be tax avoidance issues, if the executors didn't execute the will to avoid the payment of inheritance tax.

Executors can become personally liable.

jumpingjack75

Thank you one & all. From the Citizens advise point of view I think their angle was as my friend is still married then a quarter of the property would possibly form part of her husbands "overall" assets? My friend presumed that once the husbands mother died the deeds would be put in both children's names on the land registry which would then prove the husband has an interest in another property so she was shocked to find it is still in the deceased name, hence the post. I am unsure about probate but the executor was the sibling that was left the majority share. He still lives at the property but he does not work so very unlikely he would be paying the mortgage so it would be down to the husband to pay. I think the most likely scenario is as the house is not sold they have not notified anyone & are just continuing to pay the mortgage....

getmore4less

Thrugelmir wrote: »

Executors can become personally liable.

If they have done nothing to administer the estate then even if named in a will there is no liability.

paying the mortgage may be enough to have intermeddled.

getmore4less

If trying to establish an asset base then you need to collect the evidence.

Any proof that the asset was inherited like a copy of the will, even better would be a copy files with the application for the grant.

The land reg entries helps as they show no change of legal owners.
Not updating land reg is not that unusual especially if the property is not sold and a beneficiary often spouse or children remain living n the place.

Then the ex would need to show they have disposed of their beneficial interest.

Same with the other properties