Dad left house to us, questions about registering it

WorriedEx

My dad died recently and left a house to us  3 brothers - he died without a will and the house is fully owned (mortgage was paid years ago) - so we 3 sons are the beneficiaries.   The house is not on the land registry and I want to take it over -  I am paying  my brothers their third share of its value (selling my smaller house + adding cash)  - and we are all good friends and happy to do this.  I got probate as sole administrator since my brothers were happy for me to sort this. Can I simply get a solicitor to register the house in my name  (I am paying by brothers there shares of the value already)  -  or do I need to involve my brothers, etc.  ?   Thanks.

lisyloo

You can do it all as executor, but in your shoes I would get (and safely keep) at least 2 estate agents valuations (as a minimum) and safely keep records of the transferred money so that at a later date there can be no arguments.
It might be worth getting something in writing i.e. a receipt that they accept the money in return for a 3rd share of your dads property.

I know you trust them but imagine the following scenario. One of them dies and their unhappy spouse claims they should have gotten a share of the property and not the money or one of their angry children.
For the sake of a receipt (that they'll probably be jolly happy to sign to get the money).
I'd get a receipt signed signed before handing over the money.

with 2 valuations and 2 receipts you'll be covered.

MWT

WorriedEx said:

I got probate as sole administrator since my brothers were happy for me to sort this. Can I simply get a solicitor to register the house in my name  (I am paying by brothers there shares of the value already)  -  or do I need to involve my brothers, etc.  ?   Thanks.

Since you are both the Executor and intending to register 100% of the property in your own name I would have the solicitor handle the whole thing including the payments to your brothers and the transfer of their interest in the property to you.

WorriedEx

Thanks,  I like the advice on getting some receipt  just in case  -  ex's etc...   also good to know that I can just go to a solicitor to do the land registry thing.