Help needed on how to contest probate

Flugelhorn

Is the life insurance connected the mortgage ?

Mush1020

This was the other problem the life insurance was in my husbands name then it looks like when the ex partner took the house over and the insurance she cancelled the policy and change it to her own policy but the conditions of the mortgage was that they had to have insurance

Linton

Mush1020 wrote: »

The house is worth a lot less then what!!!8217;s on the mortgage we will now have to pay this but we was assured by the executor that they would claim the life insurance and pay this off now they have said they are not going to and not put the property on the probate forms.

Ah, that explains things.



Something is wrong - it is not up to the executor to choose whether to put (part of?) the house on the probate form. The part house was either a jointly owned asset and is now owned by your husband or was held as tenants in common and the ex's portion is part of the estate.


How the mortgage is repaid is a separate issue. The key question is whether the mortgage (or half of it) ahould be treated as a debt owed by the ex and now the responsibility of the estate. I dont know the answer. Unless someone knows the answer, perhaps once you have determined for certain how the house was held you should seek legal advice.


Again it is not up to the executor to decide. It will purely be a matter of the facts and the law.

Mush1020

Thank you my husband will contact the mortgage company Monday to see how it was split.

It!!!8217;s all new to us and all as we want to do is protect the children that have been left behind

elsien

He wouldn't check with the mortgage company. He needs to check how ownership was registered with the land registry.

Linton

Mush1020 wrote: »

Thank you my husband will contact the mortgage company Monday to see how it was split.

It!!!8217;s all new to us and all as we want to do is protect the children that have been left behind

Sounds like a very good idea to go through the whole situation with the mortgage company. They will have to be told anyway. I doubt they would let the executor get away with something dodgy if it meant they wouldnt get their money back.

Brynsam

Keep_pedalling wrote: »

Sounds like the property was held as joint tenants, in which case the house is now your husbands which is hardly a problem.

Actually it doesn't - it sounds more like tenants in common (there would be no need to split 50:50 for a joint tenancy since the survivor inherits automatically).

OP, you need to check the entry at the Land Registry. The issue here isn't the house your husband has inherited but the mortgage. If the mortgage is backed by life cover, as one of your later posts suggests, then the lender may be the designated beneficiary in respect of the proceeds of that policy. They are hardly likely to insist on life insurance without making sure they will get their money. The rather woolly actions of the executor look a bit odd. Worth taking legal advice to see exactly what your husband is on the hook for financially.

Mush1020

I have the land reg but i can’t seen anywhere on it if it’s joint tenants or tenants In common.
He said when they took the mortgage they asked how the house is to be split and they said 50/50

Mush1020

The land reg just confirms joint ownership

Brynsam

Mush1020 wrote: »

The land reg just confirms joint ownership

Look at Section B Proprietorship Register - any entry there registering a restriction on sale (in which case the property was owned as tenants in common). If there is no restriction, it was joint tenants.

Why was your husband's name still on the mortgage if this was his ex-partner and he is now married to you?