Change of House Deed - Next of Kin not based in the UK

Manny03

Hi folks...

Thanks for the replies

I am well aware of the need to get probate before claiming the property as my own or getting a loan on the property

Reason I came here with this was to tap into other people's experience or knowledge of similar circumstances. I've had a mix bag of advice from solicitors hence me reaching out to ensure I am taking the right steps and as pointed out by a poster it's not a straightforward case

Links provided by G_M are in line with what a solicitor did mention the process will involve but their fees were a lot higher than stated in those links. I will give these guys a call and see what comes out of it

Once again, thanks to everyone for your contribution

martindow

It seems to me that if he was a US resident and died there the legal process there would need to be followed at least initially. Presumably you have paperwork registering his death there. I've no idea of their system but there must be a legal process for dealing with the lack of a will and distributing assets in some way. Has that been done and these UK house forgotten or taken account of there?

This sounds very complicated and I'm not surprised you may be getting confusing advice from solicitors. They will be familiar with UK processes but are very unlikely to know about foreign law. Lawyers who are familiar with both systems will be hugely expensive I would imagine.

xylophone

Your father died intestate in the USA? It seems that each state has its own rules.

http://www.nolo.com/legal-encyclopedia/how-estate-settled-if-theres-32442.html

https://www.gov.uk/inheritance-tax/when-someone-living-outside-the-uk-dies

Initially, you will need to deal with the authorities in the state where he died?

Richard_Webster

English Law looks at where he was domicled when he died. If he moved to the US with the settle dintention of spending the rest of his life there then he would be domicled in the US state that he spent his life there in. If he simply went there say to work for a period, intending to return say to xspend his retirment then he would have a domicile in EWngland (or whicjever part of the UK he lived in before).

Tax rules are not the same as rules as to domicile and intestate succession. If he died domicled ina US State then a grant of administration (or the equivalent) would have to be obtained in that state, which would then be recognised in the UK. The intrestacy ruiles of that State would apply also.