Mom's House, Dad's House for Kids: Feeling at Home in One Home or Two

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My father died in Jan 2014 12 weeks before his death my mother and father made mirror wills and changed the house to tenants in common from joint tenants and put it in trust with her and my sister and Brother in law as trustees and executors. You should be able to take over a demoted tenancy and stay if the property was your main home and you were living with the person who died for at least a year as their: JaneB - we cannot advise you on what you should do here and would recommend that you seek legal advice as to how best to protect everyone's interests. As you already appreciate if the children are under 18 they cannot be registered as legal owners but they still have an interest. Steven - use the forms AP1 and AS1 referred to in the blog article to transfer the ownership as the executor to yourself as the beneficiary. You should also include an official copy of your late Mother's death certificate. Basically my grandads half of the house is to be left to his great grandkids, to which myself and my dad are trustees for..

Staying in your council home when someone dies - Citizens Advice Staying in your council home when someone dies - Citizens Advice

Richard - if they were registered as joint legal owners then the legal ownership will have passed to your surviving Mother and probate would not have been needed to deal with the property. You are not buying it but you are then looking to mortgage it to pay off the charge. So you can either transfer it first and then apply for a mortgage and release the charge. Or do that alongside your AP1/AS1 application.Guy B -form JO would only be used with forms AP1, FR1 or ADV1 so it would not be used with say form RX1 if you applied to register a form B restriction. Her Will states that we are equal beneficiaries and wanted one of the properties to go to me and the other to my sister.

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If you're a regular Superdrug shopper, you can now earn more freebies and discounts under its Health & Beautycard loyalty scheme, as the retailer has launched new 'VIP Rewards' as part of it.As others have noted our vendors had to apply for probate but as it was a straight-forward case (which yours sounds like it should be too) they were able to run the probate process alongside the sale process. I think the probate took around 8-10 weeks and the house sale (from first going on the market to completion) took around four months, so probate was finalised well before we needed to exchange contracts. As buyers we had to accept a risk of delays if there were any complications in the probate process but it all went very smoothly. My mum sadly passed away in April 2017. She left a will and named me as executor. She left 40% each of her money to me and my brother and 20% to her husband. The house they lived in my mum owned a 75% share outright with no mortgage, her husband owned 25% share with a mortgage and there is a deed written up to state the mortgage is his and always will be. My mums will states that he can live in the property until he dies, wishes to sell it or co-habits and then my mums 75% will be shared equally to myself and my brother. Do I need to do anything with regards to paperwork for the property , as in get my mums share put Into mine and my brothers name? We no longer speak to my step dad who is currently residing in the property that is now 75% owned by us as stated in my mums will. If you were living with the person as if you were married or in a civil partnership, you'll usually have priority over someone who wasn't in a relationship with them. If you have a form A restriction on the title in respect of the TIC element then you can apply to cancel it as per the guidance in section 7 of our PG 6 Hi there, my partner died in 2007 and left the house to me, I never transferred the house to my name but everything was done properly with probate, my question is I now want to sort out my affairs and put he house in my name will I have to pay inheritance tax now as the house was a lot cheaper in 2007 well under the inheritance tax rules.

Mom and Dad’s House – Eldery Home Care Mom and Dad’s House – Eldery Home Care

However if you don;t have a confirmed buyer then we are unlikely to do so. The probate provides the executors with the legal authority to deal with the property, inc sell it. If you have a copy of the deed in favour of your late Father and probate then it may be worth showing those to the agent and explaining that the application to register is submitted so the property can be marketed. The issue over it being registered is usually a matter for the buyer/their solicitor For tax purposes it is beneficial for me to sell the property myself and use my CGT allowance, hence a transfer into my own name is required. My solicitor is cautioning against this, I believe citing HMRC and land registry issues. My accountant cannot see an issue from the HMRC perspective: we have good reason and an audit trail as to why the transfer is happening. My mum and myself are executors of my late Aunts Will. She has left my mum as the sole beneficiary. She doesn't have much money so cannot afford a Solicitors help and she's afraid at the thought of her name not being on the ownership register.

The house is probably entered in her maiden name, does this make any difference? The Death Certificate mentions her maiden name and her married name. Alex = we can't advise you on the law re what rights a family member might have in such circumstances. We deal with the legal ownership and if the joint owners have died then that forms part of the estate for the last surviving owner. So his/her executor as named in the probate has the legal authority to now deal with that estate, inc the property. Clyde - if the property was owned by the two of them then the legal ownwership has passed to your Mother. If that is to change, for example she is to transfer it to the three of you, then that will trigger the need to register it for the first time.

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The fact is though that the property was owned jointly by her father and mother as "Tenants in Common". Phil - I'm sorry to read of your recent loss. The legal ownership passes to your Mother as a result of his death so form DJP can be used to update the register. That is submitted along with an official copy of the death certificate. There is no fee. Probate is not needed to deal with the propertyCouncil tax was paid by him until August 2017 even though he was living there without permission of owner My wife passed away in September 2017. She owned her own house and it is rented out. She has left this house 50/50 to her son and daughter in her will. I am the Executor, I applied for Probate and Probate has been granted.