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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10545
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father just died & left no will,mother has been put into

Resolved Question:

My father just died & left no will,mother has been put into a care home with dementia. Her care fees are taken care of with pensions etc. The family home is valued at £250,000 & we are four sons wondering what to do with this sum, especially as father had told each of us individually that he had us financially implicated in his will,even though none has been found!
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

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

Is the family home in the joint names of your parents or in your Father's sole name?

Kind Regards

AL

Customer: replied 2 years ago.

Al - I believe in fathers name BUT! Being the eldest of the four sons & due to living abroad,I have allowed the next younger brother to apply of the estate,as mother cannot manage her affairs due to her medical condition. Will this mean that part or any of the estate cannot be used by the siblings until she passes away?

Expert:  Aston Lawyer replied 2 years ago.

,

Thanks reply.

If the house is in joint names, there are 2 ways your parents could be holding the property- as Joint tenants, which means the property passes automatically to your Mother, or if they hold it as Tenants in common, this means your Father's share passes in accordance with his Will, or if no Will is found, to his next of kin under the Rules of Intestacy.

Likewise, if the property is in your Father's sole name, it now passes in accordance with his Will or under the Rules of Intestacy if there is no Will.

On the basis that there is no Will, whether the property be held by your parents as Tenants in common, or it is in your Father's sole name, the Rules of Intestacy means your Mother inherits the property.

Therefore, your Mother is entitled to sell it, and am guessing that your brother has or will be applying to be her Attorney, to enable him to deal with the Sale.

As and when the property is sold, your Mother is entitled to the proceeds, and you and your siblings won't legally be entitled to any of the proceeds, on the basis there is no Will.

I hope this assists and answers your question.

Kind Regards

AL

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