Executor of estate

4 Posts

Good Evening,
Please could someone advise me? My mum sadly died recently, she owned a house with my sister and the ownership was tenants in common and my sister doesn’t live in the property. I am appointed executor of mum’s estate I also have a brother who like me has no ownership of the house.
We have sold the house pending probate and when it has all gone through there is a mortgage to pay off. My questions are:
is tenant in common always 50% ownership unless stated I have asked the mortgage company to send me the details of this but they never did.
also if there is any equity in the house my assumption is my sister gets 50% of the money plus a third of the other half leaving my brother and myself with a third of the other half.
Please could someone advise me? My mum sadly died recently, she owned a house with my sister and the ownership was tenants in common and my sister doesn’t live in the property. I am appointed executor of mum’s estate I also have a brother who like me has no ownership of the house.
We have sold the house pending probate and when it has all gone through there is a mortgage to pay off. My questions are:
is tenant in common always 50% ownership unless stated I have asked the mortgage company to send me the details of this but they never did.
also if there is any equity in the house my assumption is my sister gets 50% of the money plus a third of the other half leaving my brother and myself with a third of the other half.
My last question sorry bear with me since my mum died I have been paying the mortgage because my sister cannot afford it and I didn’t want the house to be repossessed. I am going to take all the mortgage payments out of her half as she is fully accountable as ownership has been passed over to her is this right?
I hope this makes sense.
Thank you
Sarah
I hope this makes sense.
Thank you
Sarah
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Replies
Was the mortgage only in your Mother's name?
So your Mother lived in the property and had a mortgage on her proportion, but the part owned by your sister was without any associated debt?
If so, the mortgage payments should have been paid by the Estate before the residual equity to be distributed is calculated.
I really don’t know, my heart sinks if I have to contact her mortgage company because I wait 1 hour to be connected and then whoever I have spoken too just say that they don’t know and they will send me the info which never arrives. I have given up now.
My sister and mum bought the house when my sister was 18 and my sister doesn’t understand anything about the mortgage. I sort of assume that she is responsible for the payments because the mortgage company told her that she was. But then again they don’t care about where the money comes from do they?
how do I find out if her name is on the mortgage will have to speak to her useless bank? My sister has shut down about dealing with any of this she really can’t cope with it all, hence why I am the executor and not her. This is fine it is just frustrating not having any info on the mortgage.
The mortgage was with Tesco Bank, who were extremely helpful, I assumed that procedure was common? Are you speaking with the provider's bereavement department or just a call centre?
Work on that basis - if your sister challenges the percentage, ask her to provide evidence.