Inheritance house help

katie4

Nan passed 2021 house still sat there as lived in by generations not registered with land registry. Aunt and my dad (her brother) don’t really see each other. 

Dad has terminal cancer I feel like aunt is waiting for him to pass so she can claim whole house. She won’t tell us who she is dealing with solicitor wise for the house. But dad has just found proof of ownership so he has this. 

If he does pass will his half go my his children (myself and my sister?) 
I have messaged my aunt today again to ask for contact details of who she is dealing with as she needs the ownership papers we have to progress with selling the house. 

Is there a way we can find out who she is dealing with? I’m not even sure she has spoke to anyone legal she may just be bluffing on this but who knows 

Keep_pedalling

As it seems you don’t know who, if anyone, is administering the estate your first step is to check with the probate office to see if probate has been obtained and if it has been to download the documents.

https://www.gov.uk/search-will-probate

His share of his mother’s estate now forms part of his, so will be distributed as per his will or by the laws of intestacy if he does not have one.

Two yeas with no movement on the distribution of the estate is beyond reasonable so you may be looking at having to take legal action if things remain unchanged. Do you have power of attorney for your father?

Keep_pedalling

Just realised that is is in the wrong forum. I have reported the thread so hopefully will be moved to Deaths, funerals and probate soon.

katie4

Keep_pedalling said:

As it seems you don’t know who, if anyone, is administering the estate your first step is to check with the probate office to see if probate has been obtained and if it has been to download the documents.

https://www.gov.uk/search-will-probate

His share of his mother’s estate now forms part of his, so will be distributed as per his will or by the laws of intestacy if he does not have one.

Two yeas with no movement on the distribution of the estate is beyond reasonable so you may be looking at having to take legal action if things remain unchanged. Do you have power of attorney for your father?

Thank you for your response. I will check that link out. Yes I do have his power of attorney 

katie4

Keep_pedalling said:

As it seems you don’t know who, if anyone, is administering the estate your first step is to check with the probate office to see if probate has been obtained and if it has been to download the documents.

https://www.gov.uk/search-will-probate

His share of his mother’s estate now forms part of his, so will be distributed as per his will or by the laws of intestacy if he does not have one.

Two yeas with no movement on the distribution of the estate is beyond reasonable so you may be looking at having to take legal action if things remain unchanged. Do you have power of attorney for your father?

Ok so the record says date of probate 9th Feb 2022 but what does this mean please? Thanks 

katie4

Probate grant letter has my aunts name on it also found this see attached 

Keep_pedalling

So your aunt has had LOA for 18 months and has done nothing about getting the house on the market or distributing the estate as per the laws of intestacy. If you father and aunt are your Nan’s only children then your father is entitled to 50% of the estate.

Doing nothing for 18 months is a disgraceful behaviour. I would suggest you write to your aunt as your father’s attorney requesting an update on the progress of distributing the estate. Tell her that you expect a reply within 14 days and that if she fails to do so or if her reply does not provide satisfactory answers that you will be taking legal action against her for failing in her duty to the estate’s beneficiaries.

This must not be an idle threat if you don’t get a satisfactory answer the next step is to see a local solicitor.

katie4

Keep_pedalling said:

So your ant has had LOA for 18 months and has done nothing about getting the house on the market or distributing the estate as per the laws of intestacy. If you father and aunt are your Nan’s only children then your father is entitled to 50% of the estate.

Doing nothing for 18 months is a disgraceful behaviour. I would suggest you write to your aunt as your father’s attorney requesting an update on the progress of distributing the estate. Tell her that you expect a reply within 14 days and that if she fails to do so or if her reply does not provide satisfactory answers that you will be taking legal action against her for failing in her duty to the estate’s beneficiaries.

This must not be an idle threat if you don’t get a satisfactory answer the next step is to see a local solicitor.

Yes as she is saying the house was never registered with the land registry and she cannot prove her parents owned it. Is this right?
 Dad has today said he has found some paperwork from his father for the house. I do not quite know what this is at the moment though without seeing it for myself. 

katie4

She is right in that the house is not registered. As my grandparents before them lived in the house too it’s just been lived in by each generation until my nans children moved out and she passed away it’s just been left there now empty 

Keep_pedalling

That does complicate things seriously for your aunt. If she could not find the deeds amount your Nan’s papers she is somehow going to have to prove ownership, and that will be difficult to do especially if previous generations also failed to make wills that would document a change of ownership.

Under the circumstances rather than threaten legal action at this stage put in an offer to help, your father may be in possession of family papers that might be able to help.

katie4

Keep_pedalling said:

That does complicate things seriously for your aunt. If she could not find the deeds amount your Nan’s papers she is somehow going to have to prove ownership, and that will be difficult to do especially if previous generations also failed to make wills that would document a change of ownership.

Under the circumstances rather than threaten legal action at this stage put in an offer to help, your father may be in possession of family papers that might be able to help.

Thank you I have contacted my dad who has said it is the deeds from his father for the house that he has found