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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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My mother is terminally ill, she does not have a will and I

Resolved Question:

My mother is terminally ill, she does not have a will and I am an only child, we are joint owners of the house we are in now other than that she has no other assets or savings. She has two sisters and a brother, can they ask for any of the money from the sale of the house. (I will have to sell ASAP after her death as I won't be able to afford the house on my own)
Many Thanks
Andrea Nye
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

My mother is terminally ill, she does not have a will and I am an only child, we are joint owners of the house we are in now other than that she has no other assets or savings. She has two sisters and a brother, can they ask for any of the money from the sale of the house. (I will have to sell ASAP after her death as I won't be able to afford the house on my own)

Expert:  Jo C. replied 2 years ago.

If your mother died intestate (no will) then her estate passes in accordance with the rules of intestacy.

Those rules are here

http://www.graysons.co.uk/wills-intestacy.html

You will see that provided you are the only child and she has no spouse or living parent, you get all the estate.

If the property is jointly owned as joint tenants you would get the house anyway regardless of what it says in the will or under the rules of intestacy. If it is tenants in common, then it passes in accordance with the will or intestacy which means that you get it regardless. It’s just that if the property is held as tenants in common rather than joint tenants, you will need to apply for probate.

Can I clarify anything for you?

Customer: replied 2 years ago.

Thank you, ***** ***** exactly what I thouhgt and you made it very clear for me

Andrea

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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