How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

my stepmum died 2 years ago she did not have a will . my

Resolved Question:

my stepmum died 2 years ago she did not have a will . my dad had to go through probate . from probate he was left all the estate from his late wife. 5 days ago my dad passed away he has made a will and has left everything to myself and my brother. yesterday i rang the bank over the morage and to tell them my dad had passed away. they told me the morage was still in my stepmum name [ as it was her house when they got married [ so my dads name is ***** ***** the morage . i have all the documents proof from probate saying everything was left to my dad from his late wife. will the house go to me and my brother or not.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

When someone dies without a Will, their Estate passes to their spouse, depending on the value of the Estate and whether the deceased had any children. Do you therefore know, taking into account the value of the property, that everything, including the house, would have passed to your Father?
If you don't know, please could you confirm the value of your stepmum's Estate to include the property. Please also confirm if she has any children.

I look forward to hearing from you.
AL
Customer: replied 2 years ago.

for aston lawyer my stepmum had no children she only had 1 brother the value of the house is around 100 thousend when it goes to probate and itsays the estate was left to my dad does that not include the house i thought estate ment money and property not realy understanding your answer

Expert:  Aston Lawyer replied 2 years ago.

Hi Christine,

Thanks for your reply.

Sorry for not being clear- I had assumed that when your Father obtained Probate, he had not included the value of the property (on the basis that the Deeds had not been changed into his name).

You are quite correct that the value stated on the Probate should include all property and other assets/bank accounts your stepmum owned.

Either way, as your stepmum did not have any children, her whole Estate, including the house, would have passed to your Father.
Now that he has passed on, you and your Brother are indeed entitled to the house.
I don't know if you intend to obtain Probate yourselves, or whether you intend instructing a Solicitor, but you may wish to instruct a Solicitor, as you will need a Solicitor to deal with the paperwork concerning the property, to include applying to the Land Registry to register the property in yours and your brother's name, if you intend keeping it. If you intend selling, it won't be necessary for you to apply to the Land Registry.

I hope this clarifies matters, and assists you.

Kind Regards
AL
Customer: replied 2 years ago.

for aston lawyer just double checking with you . i know you have said me and my brother will get the house . my dad.s name is ***** ***** the morage with the bank does that not matter now.

Expert:  Aston Lawyer replied 2 years ago.
Hi Christine,

It doesn't matter that your Dad's name is ***** ***** the Mortgage and Deeds.

Your Solicitor will be able to sort out the relevant paperwork to deal with the Transfer.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice