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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11683
Experience:  30 years as a practising solicitor.
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My step father for 42 years and my mother owned a property

Resolved Question:

Hi,My step father for 42 years and my mother owned a property in joint names. My father passed away so the house went to my mother but 10 days later my mother passed away, who is entitled to the property?
Submitted: 3 months ago.
Category: Law
Expert:  JGM replied 3 months ago.

Thanks for your question. Was the joint title to the house held as joint tenants or tenants in common. Did either leave a will? If so what did the wills say? What children did each have?

Customer: replied 3 months ago.
Hi, the house was held in joint tenants. Step father passed away first and then my mother. There is no will and this has only recently happened so nothing has been sorted and I am the only child. My step father didn't have any children but I have got my stepfathers surname.
Expert:  JGM replied 3 months ago.

Thank you for replying and I am sorry for your loss. The position is that on the death of your stepfather his share of the title to the house passed to your mother. She then owned the whole title to the house. On her death, because you are the sole child, you are also the sole heir and stand to inherit the house and the rest of your mother's estate. Your solicitor will have to deal with probate and thereafter transferring the title to the house to you or selling it on your behalf, whichever you decide. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 3 months ago.
Thank you for your kind words but I have heard that does not stand because it is less than 28days between them passing away? Does this not apply for the property which was in joint names?
Expert:  JGM replied 3 months ago.

No, because the title passed from your stepfather to your mother as a matter of property law, not as a matter of succession.

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