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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A friends hubby died intestate and shes not working, theyve

Customer Question

A friend's hubby died intestate and she's not working, they've got 2 properties in his name only, they live in a rented apartment, can she claim housing benefit pending the transfer of the properties to her and is the transfer of the mortgage automatic as the surviving partner with no children
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much are the properties worth and how much is outstanding on the mortgages?
Who is living in the properties?
Clare
Customer: replied 2 years ago.

Thanks Clare. Properties are 300k or slightly more each, private tenants are in both flats. Outstanding mortgage is 200k each.

Expert:  Clare replied 2 years ago.
Hi
Have Letters of Administration been applied for?
Clare
Customer: replied 2 years ago.
No
Expert:  Clare replied 2 years ago.
Hi
Just to check - he had no children at all?
What other assets did he have?
Clare
Customer: replied 2 years ago.

No children. No other assets.

Expert:  Clare replied 2 years ago.
Hi
Who is currently receiving the rents?
Clare
Customer: replied 2 years ago.

Being paid in to the deceased's account. Which is yet to be accessed. Bank has not been told yet of the death.

Expert:  Clare replied 2 years ago.
Hi
May I ask why not?
Clare
Customer: replied 2 years ago.

She plans to do it next week. Can we have answers now. Thks

Expert:  Clare replied 2 years ago.
HI
The transfer of the mortgages are not automatic.
As Administrator and sole beneficiary she will have to apply to the Mortgage Companies and seek the Transfer of the mortgages.
Since they are Buy to let mortgages there is a reasonable chance of success.
The Housing Benefit issue is less clear cut - but until she has access to the income she should be able to claim.
The Bank needs to be notified as soon as possible
Please ask if you need further details
Clare

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