Probate

martyn69

My parents took out a interest only mortgage in1986, several weeks later my dad walked out having never paid anything and was never seen again, I took over the mortgage as my mum never worked and became quite ill .In 2007 we changed the title to tenants in common as my mum had to go into care she wouldn’t remove his name from the title because she always thought he would turn up, in 2009 I paid off the original loan. In 2017 my mum died and left me her share of the house but when I went to change the title at the land registry the said I couldn’t because I needed his signature .I started a presumption of death in 2018 and after a long search found out he had died in 2014 in Thailand without leaving a will, I was granted the presumption of death certificate. So with probate is my mum classed as a surviving spouse as she lived 3 yeas longer ? And with inheritance do I put down the fact that he didn’t pay anything so didnt leave any assets ?
Thank you

MovingForwards

His asset was his share of the house, regardless of him paying nothing.

Your mom would be his surviving widow, assuming they were married, and therefore entitled to your dad's estate as per the intestacy rules in 2014 - which you should be able to find by googling. Depending on the size of the estate you and any siblings would be entitled to a portion of his estate too.

I'm sorry for the loss of your mom, you looked after her well.

I'm also sorry about the loss of your dad, you have closure.

martyn69

Yes they were still married and thanks for that reply .

Robert_McGeddon

martyn69 wrote: »

Yes they were still married . . . .

Presumably there's no IHT payable on either estate. If there is then your Dads 'debt' in not clearing the mortgage and your contributions to the mortgage may reduce the tax.

Keep_pedalling

Are you the only child?

martyn69

Yes im the only child

martyn69

Hi just to confirm your answer when I get probate for my dad, my mum / her estate will inherit my dads share of the house ?

Mojisola

martyn69 wrote: »

Hi just to confirm your answer when I get probate for my dad, my mum / her estate will inherit my dads share of the house ?

Do you need probate for your Dad? I thought the Land Registry rep said that the death certificate of the first owner to die was enough to show that the property had become wholly owned by the surviving spouse.

martyn69

i assumed that i needed probate because it was changed to tenants in common but i will contact the land registry again to confirm ,i do hope its that straight forward.

Thanks again

Land_Registry

If the property was registered in their joint names and one of them dies then the legal ownership passes to the surviving joint owner. Probate is not required for the first deceased.

Flugelhorn

Land_Registry wrote: »

If the property was registered in their joint names and one of them dies then the legal ownership passes to the surviving joint owner. Probate is not required for the first deceased.

Is that the same for tenants in common ? (in this case there is no will and it will be LOA)