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Abandoned property, no probate
Comments
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If the property was owned by an elderly person it is quite possible that any relatives are equally elderly and unable or unwilling to yake on the responsibility of administering the estate.
A will is not mandatory and many people die intestate and if debts are owed there could be a case that the estate is insolvent so nobody wishes to apply for probate.
The property would eventually fall into the hands of the Crown if not claimed but this does not help you at present.
The local authority as a creditor can act so do not let them fob you off.2 -
Thank you, that's helpful. I imagine there are debts on the estate. The relatives are middle aged, I've met them. The grand daughter comes by with her boyfriend but it's so much mess and only two of them. We've offered help, made tea, given them snacks! Anything we can do to help, but it's not her problem, her aunts and uncles should be doing it.1
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https://uk.yahoo.com/news/tennant-banned-own-home-garden-104433990.html
This case took around a year from when the council first became involved.
If you are in touch with the deceased's beneficiaries, your best bet is to find out from them what the stumbling blocks are and perhaps help them to sort those out. If the estate is insolvent, you'd think t5he creditors would be interested in sorting this out, at least.
No reliance should be placed on the above! Absolutely none, do you hear?1 -
OK thanks, this is worse, it's a private house. I've asked many times and they are unresponsive. The granddaughter wants to move in, but the house is such a state, they can't afford to do it up. So it is in limbo.
I doubt she knows if there are debts on the property.
We'd love for her to move in, I've tried everything. Offering to help, pay for clean up, they stop talking to me when I mention it.
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They've plainly got issues going on in the family and may not be able to agree a way forward. You enthusiasm isn't well placed and they may not want to talk about the issue.
Presumably you have checked the Probate Register? If anybody has acquired probate or the right to administer, the information costs £1.50. That should name the executors or administrators. Those are the only people worth talking to, and the only person who has the money or right to do anything.
It's not possible to have 5 names on the deed, and generally unwise to transfer property to beneficiaries before sale anyway. If the grand-daughter wants to buy, she'll buy from the estate and there's be no change of name until it's sold. Even so, the updates at the Land Registry are taking 18 months or more.
If you've have not made a mistake, you've made nothing3 -
Hiya yes, checked the probate register, nothing on it.
The property has sat there literally decaying for 10 years, windows rotting, the drains overflowing, rats and foxes in back garden.
All the neighbours are sick of it.
Such a shame, lovely for a young family.
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Might be worth contacting your local MP too.1
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Yes thank you I will. I think no probate because then there is no council tax payable? Does it mean then while it's pre- probate it doesn't technically belong to anyone, it's in limbo?0
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My guess would be that there is so much debt in the estate that it would be swallowed up by the value of the house and more. So it’s not in anyone’s interest to administer the estate.Can’t think of any other reason why someone wouldn’t take an interest.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.1
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That makes the most sense. Otherwise it's a semi detached in Berkshire! It's really old, not even double glazed windows so I think they will never have the money to do anything with it. I'll have to go through the council and my MP.1
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