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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother recently died intestate, we cannot find any paperwork

Customer Question

My brother recently died intestate, we cannot find any paperwork and his girlfriend and her two children lived with him for 2.5 years and paid £200 per month to my brother, the mortgage is approx. £650.00 per month. Since his death she has refused to go back to work and everyday finds 'paperwork relating to the house i.e. Loans etc'. We have advised her that as he didn't leave a will my mother is NOK, but she firstly insisted there was a will, then a safety deposit box now she claims her children (aged 21 and 23) were to inherit, no paperwork has been found to say this. She has now found paperwork that a colleague guaranteed for a loan of £16,000, however when the colleague (who was visiting the girlfriend at home), was asked whether my brother had any paperwork at work she said no. It all seems very messy, we have a key to the home but she will not leave the house unattended and we want the funeral out of the way before we do anything, that's if we can. Can you advise us please
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Did your brother have any children of his own, and is your father also still alive?
Customer: replied 10 months ago.
No children and his only our mother is still alive
Customer: replied 10 months ago.
She keeps requesting a copy of the death certificate (which we have declined to give her). Contacted my brother GP, claiming to be his wife with two children (all untrue as he's never been married and they are her children by a previous marriage)
Expert:  Clare replied 10 months ago.
When did your brother die - and I should have said - I am sorry for your loss.Time does not heal - but it does make things more bearable
Customer: replied 10 months ago.
Died 8th March 2016
Expert:  Clare replied 10 months ago.
I can understand your reluctance to act prior to the funeral - when is that?
Customer: replied 10 months ago.
Funeral is 30th March, we've now been through a lot of his paperwork, and found several loans, that she claims she knows nothing about although one looks like it was for a car her daughter drives. Now she is banking on his work pension as apparently it is up to the fund holder who it go to and she has already been in contact with his work colleagues. A solicitor is now searching for the will, but realistically will my mother lose everything, she was close to my brother who left home quite late (aged 36), helped him buy his first home and has always given him sums of money, most of the furniture was bought by my mother as a previous girlfriend who became angry when he said he wouldn't add her to the house, wrecked everything in the house. We also want to know why she can still remain there but not pay anything for the mortgage, as she only pays gas, electric, telephone. We have changed the council tax, but she insists she needs the death certificate, although she has been told anything she needs to do goes through us.
Expert:  Clare replied 10 months ago.
How much is the property worth and how much is outstanding on the mortgage?have you also spoken to his employers?
Customer: replied 10 months ago.
Property worth about £190,000 with mortgage on it of £88,000. We are trying to contact his employers manager as he worked for Medway Council.
Customer: replied 10 months ago.
She has only paid in £200 per month for her and her two adult children
Expert:  Clare replied 10 months ago.
As you are aware under the Intestacy Rules your mother is the one who will inherit the estate.I am afraid that since they have lived together for more than two years he partner does have a claim on the estate - but since their relationship was so short then the claim is small.You should be thinking in terms of three months to leave the property plus a lump sum payment of between £5,000 and £10,000 - less if the loans diminish the value of the estate further.Your mother should apply for letters of administration of the estate as soon as possible, and should then give written notice to his partner to leave.I hope that this is of assistance - please ask if you need further dteails
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Can she apply for grant of administration (is this why she wants the death certificate). She has also closed an account of my brothers but used his surname and claimed she was Mrs, would this give any weight to any claims she puts in
Expert:  Clare replied 10 months ago.
She may well try - but she has no entitlement to do so and if she did obtain one fraudulently it would be set aside

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