Advice please - to help a friend who is clueless about her deceased husband's estate

BabyBetty

Hi 

I would really be grateful for any advice or information on what to do about a situation with someone I have know for over 50 years.
My mother's friend who I have known for over 50 years is quite clueless on what to do about her situation.  Her husband passed away in April of this year.  His only child (a son) from his first marriage passed away 2 months before his father died.  Her husband was a widower before he married her.  My mum's friend and her husband were married for 38 years.  

What we are all worried about concerning my mum's friend is that, she was totally clueless about the finances throughout her marriage, her husband took care of that side of things.  When he became ill with Alzheimer's (he suffered from Alzheimer's for 12 year until his death) his son took over his financial affairs and held all the paperwork for the house and everything else.  She has never seen any of the paperwork.  When the son died his wife (the son's wife), gave all of the paperwork to a nephew, who now will not give any of this to my mum's friend and has told her that she can live in the house until she dies.  

I have asked her if her husband left a will and she does not know.  It is likely that he died intestate but we do not know for certain - I have asked if her husband had a solicitor and she does not know.  When I asked about probate - she was completely clueless as no-one has spoken to her about this and she does not understand this.  She has been waiting for Citizens Advice to open up to get advice but I have told her not to wait on them and to get a solicitor (which I am not confident she will do).  I want to help her as much as I can and that is why I am asking for anyone with any advice or information to please respond to this post as your information/advice would be deeply appreciated.

I have tried to do a search of the land register and it is coming back that the property is not registered but a further search is underway.

What I would like advice on is where to start:

Do we need to assist her to become an administrator (since there is no known will) of her husband's estate?
How does she go about transferring the property into her name if her name is not on this (she has lived there for 38 years).
I have a strong suspicion that her husband had other property that he owned with his deceased son - how would we go about finding out about this and what could be done.

Thanks 

BB

Dox

If the husband's son by his first marriage had no children,  your friend inherits the whole estate, regardless of its value. 

Plenty of practical information at https://www.gov.uk/inherits-someone-dies-without-will, but she really does need professional help, not least to bring the errant nephew to heel. The reality is that nobody here, however well meaning, can do much to assist other than encouraging you to encourage her to get proper advice.

Socajam

I second what Dox wrote.
She need to get legal help and fast. 
I could well image what the nephew and other relatives are or have done.  The solicitor will need to send a strong letter to the nephew and all the family members.
Your friend need to keep mum about what she plans on doing if the nephew were to visit.

Skint_yet_Again

 When the son died his wife (the son's wife), gave all of the paperwork to a nephew, who now will not give any of this to my mum's friend and has told her that she can live in the house until she dies.  

I have asked her if her husband left a will and she does not know.  It is likely that he died intestate 

Sorry I am no expert but this bit caught my eye. When my dear mum passed away she left her share of the marital property in trust to us daughters with my dad being given life residency. 

You can search for probate on gov.uk enter “probate” in the search box & then choose advanced search & enter the surname year/month/day of death. If probate has been granted it will show there for England & Wales 

https://probatesearch.service.gov.uk/#wills

There is a different process for Scotland & Northern Ireland 
https://www.gov.uk/search-will-probate

xylophone

Your friend needs to see a solicitor as soon as possible. Really, that's it and all about it.
As you are a close friend, you might suggest going with her.

Robin9

In addition to the legal  aspect  - what about the day to day stuff - utilities, insurances, council tax ? Are these with the nephew.? 
When the solicitor writes - be gentle with the nephew and invite him to carry on helping with the utilities, insurances etc but emphasise the need to get the legality of the property and probate sorted

theoretica

I wonder if Age Concern, or whatever that charity is called now, could help - with advice or suggestions of the how to find the right solicitor.

If there was property owned jointly with the son, that could have been left by the son to this nephew and be part of the complication.  Might be worth spending the £3 to check the property deeds for the home she lives in and confirm whose name is on them.

sheramber

 Most solicitors will give a half hour free advice so check with local ones if they do. Or if you have a solicitor ask them.
 

pip895

I feel it unlikely that the son did not ensure that his Dad made a will prior to/ at the time of him setting up LPA/POA and taking over his fathers affairs. I would try very hard to talk to the Nephew before getting solicitors involved.  You don't want to get the lady involved in a legal dispute unnecessarily.

sheramber

pip895 said:

I feel it unlikely that the son did not ensure that his Dad made a will prior to/ at the time of him setting up LPA/POA and taking over his fathers affairs. I would try very hard to talk to the Nephew before getting solicitors involved.  You don't want to get the lady involved in a legal dispute unnecessarily.

What LPA/POA?

pip895

sheramber said:

pip895 said:

I feel it unlikely that the son did not ensure that his Dad made a will prior to/ at the time of him setting up LPA/POA and taking over his fathers affairs. I would try very hard to talk to the Nephew before getting solicitors involved.  You don't want to get the lady involved in a legal dispute unnecessarily.

What LPA/POA?

It would be normal when taking over someone's affairs to sort out Power of Attorney - I dont know how you could do the job without one in place. If he went to a Solicitor to do it (Quite common although not necessary) then they would surely have advised that a Will be prepared at the same time.  Without a Will the Son could end up inheriting nothing from his father - he would be unlikely to overlook this I would have thought.  

The OP needs to ascertain if a will existed - Unless one exists the Sons wife/nephew have no rights to any inheritance.
If there is a Will in place the OPs friend may or may not inherit everything given that the son pre-deceased his father.  A will that didn't make provision for his wife (the ops friend) could be challenged.