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JGM, Solicitor
Category: Law
Satisfied Customers: 9970
Experience:  30 years as a practising solicitor.
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my parents owned a house and paid off completely about 30

Resolved Question:

my parents owned a house and paid off completely about 30 years ago. my dad died intestate,,l think,,,although l sometimes feel there may have been a will which was destroyed. Anyway l am his only child and my mother still lives in the house. Is she entitled to everything? the house is 5 rooms and she rents them out, l think she should give me some of the money as my dad did work hard to pay for it, but she has complete control. Am l legally entitled to do anything as shes very greedy and my dad would have been annoyed.

Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Firstly you should check with the Land Registry to establish of you are a joint owner although from what you say it appears not.
As regards ***** ***** the wife keeps all the assets (including property), up to £250,000, and all the personal possessions, whatever their value.
The remainder of the estate will be shared as follows:
the wife gets an absolute interest in half of the remainder
the other half is then divided equally between all the surviving children
If a son or daughter (or other child where the deceased had a parental role) has already died, their children will inherit in their parent’s place.
I hope this helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Hello thank you for your reply, lt sort of answers. l did check if l am on the titles and after dad died, my mum did put me on the titles, along with her son, my half brother as equal owners with her. The house is valued at £750,000. What l really would like to know is if l am legally entitled to any of the rent that is raised from the house.

She gets a very good pension from both her old job and state pension, there is no mortgage, it was paid for 30 year ago, and she makes £300 per week from rent, l need to know if l legally can say, l am entitled to a percentage of rent.

Expert:  JGM replied 1 year ago.
Yes, if the title to the house is in the three names you are entitled to a third of the rent as you are a landlord.
Customer: replied 1 year ago.

sorry i just wanted to ask, am l entitled to get any of his state pension as she gets it all as his widow.

so basically l am deciding from your answer that she was entitled to £250,000 and l was entitled to the £500,000 balance interest in the house, until l was asked to sign a paper that agreed to being a part owner with her and my brother.

Does this mean we are all entitled to equal shares? or is it the same as you discribed in your first email. Shes entitled to £250,000 one third,,, and that is what she is entitled to share with her son

The title just has our names, but does not allocate any percentage.

Expert:  JGM replied 1 year ago.
You aren't entitled to any part of his pension.
The remainder of your narrative isn't correct. If, as you said initially, your father transferred his share to you, then he would have not owned any part of the house when he died and therefore the house has nothing to do with the estate.
You, your mother and your step brother are the owners.
Customer: replied 1 year ago.

l am not sure what you mean.

l found out, no he did not sign his part over to me. so it as you initially said, so is it supposed to be

mum £250,000 plus possesions,?? which would mean shes entitled to share her £250,000 share with her son, Hence he is on the title, but really hes only entitled to some/all of her share??.

Or do you mean, me, mum and her son own an equal share, hence we should divid the rent equally

Expert:  JGM replied 1 year ago.
As far as the house is concerned, had the transfer not taken place your mother would be entitled to the first £250000 of your father's half interest in the house along with half of the remainder of his half interest. Remember the house was owned jointly so only half is relevant as regards ***** ***** Your father's children would share the rest, so:
House worth £750000 at date of death.
Fathers share one half is £375000
Wife gets half of that which is £187500 and half of the remainder which is £93750, a total of £281,250.
Assuming you were an only child as regards ***** ***** you get the other half of the remainder being £93750.
These figures assume a valuation of £750000 at the date of death.
On these figures you are better with your third share of the property.
In any event the estate rules no longer apply because the property transfer has been done and because of the fact that the house is owned in thirds you are entitled to ask for a third of the rent.
JGM, Solicitor
Category: Law
Satisfied Customers: 9970
Experience: 30 years as a practising solicitor.
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