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Wife dies, House in husband's name

My mother has died intestate. The house my mother and father lived in was owned solely by my father. Does the matrimonial home automatically go to my father because he owned it or does half the house go in to the intestacy pot (up to £322,000 rule) and then go to him and the amount over £322K go to the children?

Comments

  • Mark_d
    Mark_d Posts: 1,956 Forumite
    1,000 Posts First Anniversary Name Dropper
    I believe the entire house does to your father.  Can't see any reason this could be disputed.
  • Sorry, that should read half of the amount over £322K go to my father and half to the children?

  • Keep_pedalling
    Keep_pedalling Posts: 19,337 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 December 2024 pm31 6:54PM
    The house does not form part of her estate. If her sole assets are below £322k your father inherits it all (assuming they were married)
  • Alderbank
    Alderbank Posts: 3,609 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Sorry for your loss.

    Is your father still alive?
    I ask because you say the house was owned by him rather than is owned. If he is still alive then his sole ownership is unaffected by your mother's death.

    Anything jointly owned by your mother when she died such as a joint bank account goes automatically to the other joint holder. It does not need a will or probate and does not form part of her estate.

    Life insurance and death-in-service benefits from an employer also do not form part of her estate. They will normally be paid directly by the trustees to whoever is the nominated person.

    Anything owned outright by your mother goes to her estate and should be disposed of according to the intestacy laws of the country she lived in. Which country was that?
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