How to deal with fathers partner

LegacyUser

My Dad died suddenly in December. My Mum is dead since 2004. My Dad had a partner for about 11 years. She moved into my old family home in 2009. Myself and My siblings had already moved out. Her old home has been lying empty since 2009. We didnt have a great relationship with Dad but in some ways she made it worse by making us feel really unwelcome when we visited and really guilty if we didnt visit.

Anyway My Dad left everything jointly to his children. BUT she has stayed in the house (our old family home) and legally she is entitled to this. The thing about is we want to sort out probate but she is holding everything up. She seems to want to stay in the house. Thats ok. I actually no longer mind that. But she doesn't seem to want to sort everything out legally.

Where do we go from here?

How do we make her face upto legally sorting everything out?

Dial Hard

ourjoanna wrote:

How do we make her face upto legally sorting everything out?

Engage a solicitor.

topmanamillion

I've just come across this thread. I'm in the middle of dealing with a will at the moment and I found this on a solicitors website and it was useful information for me. This is useful information and in no way legal advice from me!

What is the legal right share?
This is one of the exceptions to the rule that property passes according to the Will or the rules of intestacy.

Irrespective of what a Will may say a surviving spouse or civil partner is entitled to half of the estate where there are no children and one third of the estate if there are children. This is of the “net estate” i.e. all the estate “not ceasing on” a person’s death. This excludes from the net estate trust property, joint property passing by survivorship, property in which the deceased had a limited interest, and validly nominated property (e.g. credit union accounts, post office saving certificates, nominated pension schemes).

The spouse or civil partner may elect to take the legal right, the share bequeathed in a Will or renounce.

Children are entitled to be provided or in a prudent and just manner. This varies from case to case.

Executors are under an obligation to notify surviving spouses or civil partners of the option to exercise the legal right share. Dissatisfied parties (which may include cohabitees) can make application to Court within certain time limits.

How does the legal right share affect the Family or Shared Home?
A surviving spouse or civil partner may claim the family or shared home to satisfy the legal right share. This is so even if the home was left to another person by Will. If the home is worth more than the legal right share, the surviving spouse or civil partner will normally have to pay the difference to the deceased's estate. In cases of hardship, the surviving spouse or civil partner may apply to Court to receive the home either without paying the difference or by paying such sum as the court deems reasonable. In certain circumstances cohabitees may also be entitled to apply for redress.

dudara

OP - go talk to a solicitor ASAP and do not take any legal advice from sources on the Internet.

What kind of discussions have you attempted with you father's partner?

December2012

Who is the executor of the Will? They usually have one year to start work. Go talk Dave to face with a solicitor who specializes in probate litigation.

LegacyUser

We have a solicitor

But that doesn't address the issue of trying to get her to sign off on things!