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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my stepmum died 2 years ago she did not have a will . my

my stepmum died 2 ... Show More
my stepmum died 2 years ago she did not have a will . my dad had to go through probate . from probate he was left all the estate from his late wife. 5 days ago my dad passed away he has made a will and has left everything to myself and my brother. yesterday i rang the bank over the morage and to tell them my dad had passed away. they told me the morage was still in my stepmum name [ as it was her house when they got married [ so my dads name is ***** ***** the morage . i have all the documents proof from probate saying everything was left to my dad from his late wife. will the house go to me and my brother or not.
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Hello and thanks for using Just Answer.

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

When someone dies without a Will, their Estate passes to their spouse, depending on the value of the Estate and whether the deceased had any children. Do you therefore know, taking into account the value of the property, that everything, including the house, would have passed to your Father?
If you don't know, please could you confirm the value of your stepmum's Estate to include the property. Please also confirm if she has any children.

I look forward to hearing from you.
Customer reply replied 3 years ago.

for aston lawyer my stepmum had no children she only had 1 brother the value of the house is around 100 thousend when it goes to probate and itsays the estate was left to my dad does that not include the house i thought estate ment money and property not realy understanding your answer

Hi Christine,

Thanks for your reply.

Sorry for not being clear- I had assumed that when your Father obtained Probate, he had not included the value of the property (on the basis that the Deeds had not been changed into his name).

You are quite correct that the value stated on the Probate should include all property and other assets/bank accounts your stepmum owned.

Either way, as your stepmum did not have any children, her whole Estate, including the house, would have passed to your Father.
Now that he has passed on, you and your Brother are indeed entitled to the house.
I don't know if you intend to obtain Probate yourselves, or whether you intend instructing a Solicitor, but you may wish to instruct a Solicitor, as you will need a Solicitor to deal with the paperwork concerning the property, to include applying to the Land Registry to register the property in yours and your brother's name, if you intend keeping it. If you intend selling, it won't be necessary for you to apply to the Land Registry.

I hope this clarifies matters, and assists you.

Kind Regards
Customer reply replied 3 years ago.

for aston lawyer just double checking with you . i know you have said me and my brother will get the house . my dad.s name is ***** ***** the morage with the bank does that not matter now.

Hi Christine,

It doesn't matter that your Dad's name is ***** ***** the Mortgage and Deeds.

Your Solicitor will be able to sort out the relevant paperwork to deal with the Transfer.

Kind Regards