Probate - Asking the right questions..

ESMITH29

Some background:

Father inherited a house from his parents while currently owning a house with a mortgage in the same county. Mortgage went into serious arrears and repossession processes have started. Since these have started, court cases have been adjourned due to my mother being ill and my father passing away. My mother has since passed away also, leaving an estate with the inherited house and the house that is currently in arrears.

This now leaves myself and two other siblings having to deal with the bank via my father's solicitor. He has informed us that we may be able to sell the house with arrears and move on from it all. The house that was inherited may be looked at if the sale of the house doesn't cover the mortgage so we are a bit worried.

We wish to get the inherited house passed to our names asap as this is our only real inheritance, with us all being quite young also, so a real priority. The solicitor has advised that this cannot be done until revenue look at my father's estate and everything that is owed is cleared either via payment or seizure of his property.

He also advised that we would have to have the inherited property transferred into my mother's name first, as she passed away after my father and then it would be passed to us. (Each transfer comes at a cost of 6000).

We're a bit in over our heads here and really we don't know the right questions to be asking. I would have thought the the estate would naturally pass to my mother after my father's death, without having to pay such money for it?

Does the fact that I have to even ask this on a forum while paying for a solicitor shed bad light on him? Should I be looking elsewhere?

cstaff

If both your parents have now died should the mortgage on their house not be paid off by the life insurance that they would have had to take out when they bought the house - I am pretty sure that this is compulsory but maybe somebody else on here would have more knowledge of this. Or maybe the fact that it is already in the hands of a receiver means that it is too late for that.

ESMITH29

cstaff wrote: »

If both your parents have now died should the mortgage on their house not be paid off by the life insurance that they would have had to take out when they bought the house - I am pretty sure that this is compulsory but maybe somebody else on here would have more knowledge of this. Or maybe the fact that it is already in the hands of a receiver means that it is too late for that.

Unfortunately the insurance was with the mortgage provider and became void when they could no longer pay the insurance. I'm pretty sure this is the case but if this doesn't sound right, I could look into it.

notharrypotter

You have a lot of separate issues which may eventually link together.

For example

Your say your father inherited a house.
You indirectly mention your mother having an interest or share in this inheritance.

Your mother pre deceased your father so the terms of her will, if any, will apply to her estate.
If your mother had no will then there are legal rules as to how her estate (if any) is to be distributed. Bear in mind what debts she has must be satisfied first.

Then there is the issue of your parents financial difficulties.

Your father passing away is another.

The matter of life insurance has been flagged, if they had ceased making payments then the policy may have lapsed.

You are concerned about your "inheritance" but you can only share in what is left after all debts are satisfied.

You need specific advice based on your circumstances.

ESMITH29

notharrypotter wrote: »

You have a lot of separate issues which may eventually link together.

For example

Your say your father inherited a house.
You indirectly mention your mother having an interest or share in this inheritance.

Your mother pre deceased your father so the terms of her will, if any, will apply to her estate.
If your mother had no will then there are legal rules as to how her estate (if any) is to be distributed. Bear in mind what debts she has must be satisfied first.

Then there is the issue of your parents financial difficulties.

Your father passing away is another.

The matter of life insurance has been flagged, if they had ceased making payments then the policy may have lapsed.

You are concerned about your "inheritance" but you can only share in what is left after all debts are satisfied.

You need specific advice based on your circumstances.

Thank you for the reply. Just to add - Neither parents left a will and my father predeceased my mother.

We were advised that a grant of probate will need to be extracted for each, which will then sort out any leftover debts - we're hoping these will be cleared by selling the main family home.

nuac

Mod
Notharrypotter has given you a good agenda to work thru'
I suggest yoursel and siblings should have a full consultation with the family solicitor
Closed