No Will left where do we stand

Rasberry_Diva

Hello all,

Im looking for some advice please, My dad passed away not long ago and he did not leave a Will. My mum is still alive. My dad did not put my mum on the house papers so its in his name only.
Question 1 : How can she get her name on the property?

 We are 6 siblings, oldest is estranged so we are 5 left trying to help my mum, however 2 siblings ( i shall call them A & do not want to share any information with the rest of us and are hiding paperwork, not involving us in discussions, having meetings without us etc. We were informed by  Sibling A that we all needed to sign some paper from the lawyer to get the house transferred over to my mum. Now sibling A is saying she doesn't need our signatures.

Question 2 : is it true that the children need to sign some document to get the house transferred over to my mum or is it possible to do it without our signatures?

Question 3: Does the house automatically go into probate as there is no will, we think sibling B has made themselves the administrator for the estate without informing us. How can we find out, what can we do?
This is a awful situation to be in ,a them and us fighting over something that we(the other 3 siblings) believe should solely go to my mum, as she was my dads wife and she cared for  him and dedicated her life to him.

We appreciate any advice on this situation, i have looked at the government website about intestate but im going to be honest its all confusing as we are a bit thrown off about the request for signatures.


thankyou for taking the time to read this and any advice given

 




 

unforeseen

Look at the rules of intestacy. 

getmore4less

MUM(as spouse) has first right to administer the estate talk to her about what is going on.

she can delegate that to others by various means which don't matter for now so one of your siblings could be administrator.

The next important thing is how much is dads estate worth with the house, this is important because if it is over £270k it start to get a bit more complicated(but not much)  if less then simple estate including the house belongs to mum.

Because the house was in dads name then a grant of representation(commonly called probate) will be needed to do the transfer.

if they have gone ahead and got the grant you can ind it here.
https://probatesearch.service.gov.uk/#wills


What is your primary concern other than being kept out of the loop, any trust issues that need resolving.

xylophone

The rules of intestacy are clear.
The question is, what is the value of your late father's estate? How much of that value relates to the house?

Flugelhorn

which country are you in?

Keep_pedalling

It does sound like the estate is over £270k and one of your sibling is frying to get you all to sign a deed of variation so that ownership of the house does not need to be split. How they hope to achieve that without being open with everyone goodness knows.

Rasberry_Diva

unforeseen said:

Look at the rules of intestacy. 

I looked at the government website about that, it looks clear enough but i dont understand the probate bit. Is it automatic because the house is still in my dads name or do Siblings A & B have to register for it?

xylophone

 one of your sibling is frying 

Cooking up a storm?

Rasberry_Diva

getmore4less said:

MUM(as spouse) has first right to administer the estate talk to her about what is going on.

she can delegate that to others by various means which don't matter for now so one of your siblings could be administrator.

The next important thing is how much is dads estate worth with the house, this is important because if it is over £270k it start to get a bit more complicated(but not much)  if less then simple estate including the house belongs to mum.

Because the house was in dads name then a grant of representation(commonly called probate) will be needed to do the transfer.

if they have gone ahead and got the grant you can ind it here.
https://probatesearch.service.gov.uk/#wills


What is your primary concern other than being kept out of the loop, any trust issues that need resolving.

My mum has always been dependant on my dad, she is now dependant on siblings A & B because they tell her that if she does not listen they will not look after her and she will be left alone. My mum does not have good understanding about these things and we believe she is scared to say anything because she believes she will lose her home if the bills cant be paid.

My dads estate is well over £450,000 and siblings A & B have eyes on the money and are encouraging my mum to sell the house she has lives. 

Our primary concern is that Siblings A & B are doing things for their own benefit and that is why they are keeping us out the loop because we would certainly not agree to my mum selling her home.

Rasberry_Diva

xylophone said:

The rules of intestacy are clear.
The question is, what is the value of your late father's estate? How much of that value relates to the house?

its well over £450k and that is the main part of the estate which we are aware off we do not know about anything else because we are not being told

Rasberry_Diva

Flugelhorn said:

which country are you in?

Keep_pedalling said:

It does sound like the estate is over £270k and one of your sibling is frying to get you all to sign a deed of variation so that ownership of the house does not need to be split. How they hope to achieve that without being open with everyone goodness knows.

We are UK Based

We would be happy to sign the deed of variation if it means the house does not need to be split, because then it can go all to my mum but the worry here is that they will then get her to make a will up which benefits them two and not the other siblings. we believe they tried to do this with my dad which is why they will not show us the draft will my dad had made but he  wouldn't get it signed no matter how hard they tried.