fathers house

tonydw · 31 October 2012 at 1:56PM

iam 1 of 3 siblings my father who passed away last year owned his house with no mortgage to pay as he was very ill for around 5 years with dementia before he died. we all tried to help with his day today care.my sister moved him into her house for a couple of years until she sold hers and moved into my fathers house with her boyfriend as he helped clean my father and care for him to. my self or my brother were never showed any bank accounts or insurances. i now believe my sister used all his money for her own use as my father had no sense of money and she had control of his finances. but now after a year my self and my brother have no idea about the house. my sister said my father would want it to go to her. but i don't believe that.she still lives in the house i don't have a problem with that she has spent allot of money doing it up for her self but what iam asking is if my father did not leave a will can she sell or take a lone out on the house

pooch · 31 October 2012 at 2:43PM

tonydw wrote: »

iam 1 of 3 siblings my father who passed away last year owned his house with no mortgage to pay as he was very ill for around 5 years with dementia before he died. we all tried to help with his day today care.my sister moved him into her house for a couple of years until she sold hers and moved into my fathers house with her boyfriend as he helped clean my father and care for him to. my self or my brother were never showed any bank accounts or insurances. i now believe my sister used all his money for her own use as my father had no sense of money and she had control of his finances. but now after a year my self and my brother have no idea about the house. my sister said my father would want it to go to her. but i don't believe that.she still lives in the house i don't have a problem with that she has spent allot of money doing it up for her self but what iam asking is if my father did not leave a will can she sell or take a lone out on the house

You say there was no will.
Therefore the rules of intestacy will apply.
http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm
Unless the property is already in her name (which it doesn't sound like) then she cannot sell it or use it as security against a loan.
If she has spent money doing it up, that could increase the value of any share you could be entitled to

Who is the admininstator of the estate, and have letters of administration been granted?
http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm

With regards to the allegation of your sister spending your dad's money whilst he was alive, did she have any type of authority? e.g. Power of Attorney?
Without that, she would not be able to access his accounts.
http://www.adviceguide.org.uk/england/relationships_e/relationships_looking_after_people_e/managing_affairs_for_someone_else.htm

CAB_National_Representative · 1 November 2012 at 12:22PM

tonydw wrote: »

iam 1 of 3 siblings my father who passed away last year owned his house with no mortgage to pay as he was very ill for around 5 years with dementia before he died. we all tried to help with his day today care.my sister moved him into her house for a couple of years until she sold hers and moved into my fathers house with her boyfriend as he helped clean my father and care for him to. my self or my brother were never showed any bank accounts or insurances. i now believe my sister used all his money for her own use as my father had no sense of money and she had control of his finances. but now after a year my self and my brother have no idea about the house. my sister said my father would want it to go to her. but i don't believe that.she still lives in the house i don't have a problem with that she has spent allot of money doing it up for her self but what iam asking is if my father did not leave a will can she sell or take a lone out on the house

Hi tony - we'd urge you to get in touch with your local bureau as soon as possible, as well as reading through the information on our Adviceguide website (as pooch has suggested and also provided the links). If you have any relevant documentation at all (eg. a copy of your father's will), we'd recommend that you have this to hand for your session with an adviser - whether that is over the phone or face-to-face.

fathers house

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