Right ownership of house after death?

SMF1

hi all

looking for some advice.

My Papa recently passed away and he did not have a will. Unfortunately it was all very sudden and we had no chance to get power of attorney over him.

He had no money left over after paying his funeral but he does own his own home. My gran is married to him but she is a worrier and is worried about the house being taken out from under her feet by his offspring.

Does she legally and rightfully inherit the house from him as she was living in it and they were married or can his offspring claim any part of it?

PasturesNew

She's probably very safe.... there are some instances of which you need to be aware though.

It will depend on how they owned the house - the wording ("tenants in common" or "joint tenants") - as to whether she automatically just inherits his half, or if his half is separate. Even if it's separate, if there was no will she would inherit it because she was married to him, but that also depends on the value of the house because above £X the first amount goes to her, the rest would go to the children.

So, to answer the question.... there needs to be more info.

But, for now, she's very very very likely to be completely "safe" from it happening.

SMF1

Sorry I forgot to mention we're based in Scotland just in case that makes any difference to certain countries laws. The house is worth less than £80,000 in it's current state.

Be happy to provide any further information to whom may be able to help.

Keep_pedalling

SMF1 wrote: »

Sorry I forgot to mention we're based in Scotland just in case that makes any difference to certain countries laws. The house is worth less than £80,000 in it's current state.

Be happy to provide any further information to whom may be able to help.

The house will pass to her 100%. Under Scottish law his children would be entitled to a share of his movable estate, but it seems as funeral expenses have used all those up so there is nothing for them to inherit.

Assuming he was the sole owner of the house, the estate is classed as a large estate and you gran will probably need to obtain some legal advice in obtaining confirmation. She should also make a will, especially if she wants her step children to inherit any of her estate.

https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland