do i need to investigate further? Farthers death 2 years ago
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it would also seems her property was sold before they moved for a very low figure then sold for more than double a year later. the step son seems to have bought a place locally to there new home a month after her property was sold. hmmm. seems almost like a tax avoidance move.
not yet checked the other place the step son had near the original home. but he did sell the house he bought near there new home about 9 months after my Dads death, and then presumably moved into my Dads home.0 -
It does look quite probable that your Dad died intestate and that you would therefore inherit his house. Otherwise, why wouldn't your stepbrother have transferred the house into his own name, particularly as probate was done on your stepmother's will previously.
If I were you, I would see a solicitor, they can then write to the stepson and start the process of applying for letters of representation. I wouldn't try and DIY in this situation as it's very likely to get messy. I know solicitors cost money but it is surely a worthwhile outlay to gain a house.0 -
my worry is that if this situation is like my friends mothers, even the probate office might be the same one, that I could start instructing solicitors only to end up finding out there is a will and ive just wasted a whole pile of money.
what I cant understand is why he would sell his own house and move into my Dads, when someone like myself could come along and pull the plug.
also as he was my Dads stepson does that make him a "child or descendant", as the gov site puts it, of my Dad?
suppose what im trying to ascertain is if there is no will does my step brother have any claim to any property or assets? and as he has lived there since at least 2013 does this give him any rights?0 -
my worry is that if this situation is like my friends mothers, even the probate office might be the same one, that I could start instructing solicitors only to end up finding out there is a will and ive just wasted a whole pile of money.
what I cant understand is why he would sell his own house and move into my Dads, when someone like myself could come along and pull the plug.
also as he was my Dads stepson does that make him a "child or descendant", as the gov site puts it, of my Dad?
suppose what im trying to ascertain is if there is no will does my step brother have any claim to any property or assets? and as he has lived there since at least 2013 does this give him any rights?
There are so many ifs and buts here. You cannot start second guessing his motives. Maybe he was selling his house anyway and planned to move it to help your Dad and then decided to stay there and wait for you to do something. It is not a crime not to tell you or to stay there.
You have been estranged from your father for many years but you now know the house is in your father's name. So there is a house that after two years the step son has done nothing about.
Either there is a probate record or there is not. Ultimately if you cannot locate a will, applying for Letters of Administration will expose potential fraud and the police may well get involved. Or if there is a will the beneficiary of the estate (assuming the step son) will know and produce it or the probate authorities will locate one.
If you are not prepared to spend a little to sort this out you will never know. Alternatively go and see him and ask. He may not like it but if he just says p-off you lose nothing. He might just explain the situation.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
In intestancy, a step child is not a "child or descendant". So only you and any other genetic children would inherit.my worry is that if this situation is like my friends mothers, even the probate office might be the same one, that I could start instructing solicitors only to end up finding out there is a will and ive just wasted a whole pile of money.
what I cant understand is why he would sell his own house and move into my Dads, when someone like myself could come along and pull the plug.
also as he was my Dads stepson does that make him a "child or descendant", as the gov site puts it, of my Dad?
suppose what im trying to ascertain is if there is no will does my step brother have any claim to any property or assets? and as he has lived there since at least 2013 does this give him any rights?
In your shoes, I would be trying to talk to your step brother and /or instructing a solicitor.0 -
applied for death certificate and printed the forms. wish me luck.
one last question. could there still be a will, albeit hidden by the step brother, could he have not taken this to probate as he didn't want to pay any inheritance taxes? what was the limit in 2012?
assuming im granted probate I will sell the property. will he have to vacate the house? or will I need to use an eviction order?0 -
If there was a will applying for letters of administration my cause it to be suddenly "discovered". An application for LOA would be notified to close family members. To obtain full value any squatters would have to be evicted before sale otherwise the value would be greatly reduced. Obviously this would be a last resort but it needs to be considered.applied for death certificate and printed the forms. wish me luck.
one last question. could there still be a will, albeit hidden by the step brother, could he have not taken this to probate as he didn't want to pay any inheritance taxes? what was the limit in 2012?
assuming im granted probate I will sell the property. will he have to vacate the house? or will I need to use an eviction order?
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If there was a will applying for letters of administration my cause it to be suddenly "discovered". An application for LOA would be notified to close family members. To obtain full value any squatters would have to be evicted before sale otherwise the value would be greatly reduced. Obviously this would be a last resort but it needs to be considered.
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Who is going to do his?
The court can't do it they don't have clue who these close family members are or where they live.
They are not squatters as there original occupation was with the permission of the owner.0 -
The applicant lists them on the PA1 form. They will be notified that an application has been made and they may challenge it if they wish to do so. The permission to occupy almost certainly ceased upon the death of the owner.getmore4less wrote: »Who is going to do his?
The court can't do it they don't have clue who these close family members are or where they live.
They are not squatters as there original occupation was with the permission of the owner.0 -
The applicant lists them on the PA1 form. They will be notified that an application has been made and they may challenge it if they wish to do so. The permission to occupy almost certainly ceased upon the death of the owner.
The PA1 only has the count(B1-6) no names or addresses except for a living spouse in section C.0
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