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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My father died in july 2012 and didnt leave a will.He was cremated

Customer Question

My father died in july 2012 and didnt leave a will.He was cremated and buried in a plot chosen only by my mother.Weeks later i was told my father was being dug up from that plot and being moved to another part of the cementary because my mother and sister preferred this area more..I found this very distressing because he had pancreatic cancer and suffered very bad.

Anyway i made my feelings known to them and i said nasty things which resulted in us not talking.
I found out my mother along with sister sold the family home and bought a flat probably outright and my sister has taken over all the finances i think.
So what im asking is am i entitled to anything from the proceeds of the house as i know there is ,as my dad didnt leave a will, im sure the answer will be no but i thought ill ask.
Submitted: 4 years ago.
Category: Law
Expert:  Kasare replied 4 years ago.
Hi, thanks for your question, I will assist you with this, but would be grateful if you could answer a couple of questions.

Do you have any idea what his estate was worth? Was the house jointly owned by both your mother and father and was there any outstanding mortgage on this?
Customer: replied 4 years ago.

It was about £400,000 and it was jointly owned i remember my mother saying his life insurance would payment the outstanding mortgage,im not sure really.

Expert:  Kasare replied 4 years ago.
Thank you.

As the house was jointly owned, then your fathers "share" would automatically pass to your mother under the rules of survivorship. Joint property is not included in the estate for distribution under the Intestacy Rules (nor under a will). The same also applies to joint bank/building society accounts.

Your mother is also entitled to all his personal property and belonging to your father.

If your fathers estate (money, shares, property etc in his sole name) is £250,000 or less, then your mother would be entitled to all of this and you and your sister would not have any entitlement to anything from the estate.

If you think it may have been more than this, please let me know and I will go on with the position of higher value estates.

So in short, if the only asset of your father was the jointly owned house, then no you are not entitled to any of the proceeds.

I am sorry, this is probably not the answer you were wanting, but if there is anything else I can assist with, please ask.
Expert:  Kasare replied 4 years ago.
Hi Samantha

Is there anything else I can assist you with?

If not, please take a moment to rate my answer in order that I am credited for my time.

Many thanks