Living in house for 8 years since parent died

lisa6421

Been living in my parents house since 2008 and have the leasehold in my name. I have been paying for all the upkeep on the property and repairs. I have siblings and we aren't in touch at all.

My question is how long do I have to live in the property before it becomes mine outright if the probate isn't ever settled? Is this even possible?

Sacredcat

Who was the Executor/administrator of the estate?
That person has a legal duty to administer the estate's assets in accordance with the will, or the intestacy laws.

Tuesday_Tenor

Various facts to be checked and questions to be answered before anyone can help you accurately.

Did the parent fully own the house as a sole owner?

Did the parent leave a will? If so, who is the executor?

How did you manage to change anything on title deeds without the right to do so granted by the will and probate?

You can check, for a very small fee, what the title deeds currently say about ownership by looking on the Land Registry website. The deeds may not be completely up to date if LR has not been informed about deaths or transfers of ownership, but this isn't an offence, and can be updated in due course.

lisa6421

The deeds have not been changed and I am the Executor. Once the falling out with the other siblings, things stalled. There was not will or mortgage either.

Before the falling out we had agreed that I would move into the house because they all had their own properties. Two said that they wanted nothing from the estate, but that was only verbal.

The leasehold was changed to my name because the original leasehold in my parents name was coming to and after being in place for 100 years within the family. So we needed a new leasehold.

Keep_pedalling

As there is no will you cannot be the executor, and someone should have applied for letters of administration.

As your last parent died intestate the estate should have been split equally between the children, but if your siblings had agreed to let you have the house that could have been formalised, but that may be difficult now you are estranged.

If the leasehold expired soon after death then the house had little or no value to anyone other than the freeholder then whoever paid to renew the lease owns the property for however long that runs ( unless you buy the freehold you will never own it outright).

If this was extending a lease with a good few years to run then your siblings should have received something.

Sacredcat

Yes, you are the administrator.

You may need legal advice.

Look on CABx site, it says you can vary an intestacy up to 2 years after death ...

You may not have good title to your leasehold flat, since if s/o wanted to buy, you need to show you actually owned it ...

So I would get legal advice if I were you.

lisa6421

Thank you for all of your advise. I think my next step will have to be a visit to the solicitors.

Yorkshireman99

lisa6421 wrote: »

Thank you for all of your advise. I think my next step will have to be a visit to the solicitors.

If there is no will the the laws of intestacy apply. This will mean that the house will have to be sold and the proceeds distributed according to the intestacy rules. Thees can be seen here.

https://www.gov.uk/inherits-someone-dies-without-will

konark

You are not the administrator until you have applied and been appointed 'administrator' by the probate court, it's not like executor where the power comes from the will and is effective immediately the person has died.

Technically you are a squatter, you are living in 100% of a house that you only have a small stake in. Your siblings' inaction has benefited you, and if they don't act in the next 4 years you can apply for adverse possession,of the property which will make you the beneficial owner.