Grant of probate and tenants in common

msb1234

My late mum and stepdad own a property as tenants in common, 80% mum and 20% step dad. She died and I’ve been granted probate. He is in a care home with dementia. Would I still need to apply to the COP for guardianship of him in order to sell their property?

Keep_pedalling

msb1234 said:

My late mum and stepdad own a property as tenants in common, 80% mum and 20% step dad. She died and I’ve been granted probate. He is in a care home with dementia. Would I still need to apply to the COP for guardianship of him in order to sell their property?

Based on your earlier thread he now actually owns 36% of the house as you mum’s will left him 1/5th of her share, he also has a life interest in the remaining share and to complicate things further the property has ER attached to it. 

As no one else has POA and he has no direct descendants then yes you will need to apply for deputyship in order to sell the house and pay off the loan.

Does he have a will in place?

msb1234

Keep_pedalling said:

msb1234 said:

My late mum and stepdad own a property as tenants in common, 80% mum and 20% step dad. She died and I’ve been granted probate. He is in a care home with dementia. Would I still need to apply to the COP for guardianship of him in order to sell their property?

Based on your earlier thread he now actually owns 36% of the house as you mum’s will left him 1/5th of her share, he also has a life interest in the remaining share and to complicate things further the property has ER attached to it. 

As no one else has POA and he has no direct descendants then yes you will need to apply for deputyship in order to sell the house and pay off the loan.

Does he have a will in place?

Yes. His will leaves his estate to myself and my siblings. 

You’re  right about my previous post. But he actually only owns 20% of  the house at TIC. The house doesn’t fall under my mums will as she named a previous property in her will, so it falls under her residual estate, which is split 5 ways between my Step dad and us 4 children of hers. 

He does have direct descendants - 4 children whom he has been estranged from for over 30 years. When him and their mother split up, he signed over the house and all their joint savings  to her completely. I believe that property was almost mortgage free. I have contacted them but they have no interest in seeing him. 

Currently, I am funding everything he needs extra in his care home, and also paying everything to do with the property as he’s not able to access his bank account due to his dementia. Mum dealt with everything financial, but didn’t do direct debits! She was a cheques only kind of woman. The amount of money he would get from the sale of the property could possibly mean he spends his final few months in a nicer place than the one he’s currently in that the LA are funding. Unfortunately, I don’t have spare funds to pay out now.