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  • FIRST POST
    • colin.b
    • By colin.b 3rd Mar 18, 7:39 PM
    • 2Posts
    • 0Thanks
    colin.b
    Mums House - Title deeds help
    • #1
    • 3rd Mar 18, 7:39 PM
    Mums House - Title deeds help 3rd Mar 18 at 7:39 PM
    Hello
    A little advice please.
    My mum recently passed away and her house is to be sold.
    My brother and are are joint beneficiaries and executors and will is all ok.
    The house is still in Dad & Mums joint names (joint tenancy, mortgage free), dad died 6 years ago but the deeds have not been changed to mum as sole owner.
    My understanding is that sole ownership automatically went to mum at the time of his death, but I am not clear whether we can sell the house on this basis, or whether deeds need to be (and can be) changed to make mum sole owner.

    Many thanks
Page 1
    • ThePants999
    • By ThePants999 3rd Mar 18, 8:31 PM
    • 1,166 Posts
    • 1,434 Thanks
    ThePants999
    • #2
    • 3rd Mar 18, 8:31 PM
    • #2
    • 3rd Mar 18, 8:31 PM
    I'm sorry for your loss.

    Yes, if the tenancy was joint then the house is now solely in your mum's estate, and if the will stipulates that the house is to be sold, you can proceed as executors on that basis.
    • Tom99
    • By Tom99 4th Mar 18, 12:45 AM
    • 2,261 Posts
    • 1,529 Thanks
    Tom99
    • #3
    • 4th Mar 18, 12:45 AM
    • #3
    • 4th Mar 18, 12:45 AM
    Its a simple online job for your solicitor to do once you appoint them on the sale.

    You will need to provide your solicitor with a copy of your father's death certificate so just check now that the death certificate name and your father's name as registered on the title are exactly the same.

    If they are not you might want to make early contact with the solicitor you intend to use for the sale just to make sure the issue can be quickly sorted.
    • Margot123
    • By Margot123 4th Mar 18, 10:02 AM
    • 847 Posts
    • 873 Thanks
    Margot123
    • #4
    • 4th Mar 18, 10:02 AM
    • #4
    • 4th Mar 18, 10:02 AM
    Its a simple online job for your solicitor to do once you appoint them on the sale.

    You will need to provide your solicitor with a copy of your father's death certificate so just check now that the death certificate name and your father's name as registered on the title are exactly the same.

    If they are not you might want to make early contact with the solicitor you intend to use for the sale just to make sure the issue can be quickly sorted.
    Originally posted by Tom99
    Can't stress this point enough. Check everything is in order.

    I have just had to withdraw from the purchase of a Probate property because of inaccurate paperwork.
    • PersianCatLady
    • By PersianCatLady 6th Mar 18, 12:59 AM
    • 456 Posts
    • 412 Thanks
    PersianCatLady
    • #5
    • 6th Mar 18, 12:59 AM
    • #5
    • 6th Mar 18, 12:59 AM
    Is your Mum's solicitor not dealing with all of this for you?
    • bowlhead99
    • By bowlhead99 6th Mar 18, 2:08 AM
    • 7,988 Posts
    • 14,532 Thanks
    bowlhead99
    • #6
    • 6th Mar 18, 2:08 AM
    • #6
    • 6th Mar 18, 2:08 AM
    Is your Mum's solicitor not dealing with all of this for you?
    Originally posted by PersianCatLady
    The rest of the advice in the thread is good, but sorry to be blunt, that comes across as a dumb question.

    The Mum has died, and has no need to appoint a solicitor. The people left alive are the ones who appoint a solictor convenient and affordable to them, when selling.
    • konark
    • By konark 7th Mar 18, 1:24 AM
    • 1,010 Posts
    • 776 Thanks
    konark
    • #7
    • 7th Mar 18, 1:24 AM
    • #7
    • 7th Mar 18, 1:24 AM
    The rest of the advice in the thread is good, but sorry to be blunt, that comes across as a dumb question.

    The Mum has died, and has no need to appoint a solicitor. The people left alive are the ones who appoint a solictor convenient and affordable to them, when selling.
    Originally posted by bowlhead99
    I think Persian cat lady meant the solicitor who drew up their mum's will and is also likely to be the one they use for the house sale. Whichever solicitor they use this is a matter they (the solicitor) will deal with.
    • angelin77
    • By angelin77 7th Mar 18, 7:54 AM
    • 46 Posts
    • 26 Thanks
    angelin77
    • #8
    • 7th Mar 18, 7:54 AM
    • #8
    • 7th Mar 18, 7:54 AM
    There should be no problem. I inherited my parents house. Both were named on the Deeds. Mother died many years prior to father dying. Due to problems with solicitor acting when father died, their names remained on Deeds for ten years. When I sold house a couple of years ago, I just presented Deeds to solicitor (with Death Certificates and copies of wills) and the Deeds were changed to new owners.
    • colin.b
    • By colin.b 7th Mar 18, 10:30 AM
    • 2 Posts
    • 0 Thanks
    colin.b
    • #9
    • 7th Mar 18, 10:30 AM
    • #9
    • 7th Mar 18, 10:30 AM
    Thanks for all your comments.

    Once we sell the house, we will appoint a solicitor and from what has been said, it seems that the sitution with the deeds can be addressed through them.

    My question hs been answered.
    Thanks
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