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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7505
Experience:  BA (Hons), PgDip, Practising Solicitor
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What will happen to my mothers estate if she dies without leaving

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What will happen to my mothers estate if she dies without leaving a will ?
Hi,

Is your mother married?

Tom
Customer: replied 4 years ago.
No, shes a widow, and I have two older siblings, one of whom claims residency in my mothers home, ( probably valued at about A hundred and seventy thousand pounds.)
Hi,

Thanks for your reply.

If your mother passes away without making a will then her estate will pass according to the intestacy rules.

This means that if your mother is unmarried then her estate will pass to her children equally provided they are older than 18 years old. If younger then 18 then it will be held on trust for the child until such time as they reach 18.

If any of her children has predeceased her then that child's share will pass to that child's children if there are any. If not, then it will pass to the other children of your mother (including you obviously!).



Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom


Customer: replied 4 years ago.
My Mom has a twenty thousand pound mortgage to the Halifax Bank, obviously they will want to be paid out, can they possess the house in order to get their money ? Or can I just pay them and then sell the house in our own time ?
Hi,

The debts of the deceased must be paid out of the estate. Yes, though - you could pay off the mortgage and then sell in your own time in consulation with any other siblings you have. If this is what you propose to do then you should see a solicitor local to you to formalise it, but it won't be a problem.

PLease remember to rate my answer.

Tom
Customer: replied 4 years ago.
So the Halifax can't just possess the house ?
Hi,

Not if you or the estate are able to pay the mortgage, no.

Please rate my answer. I have to go to bed now I qwill answer any further questions you have tomorrow.

TOm
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7505
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 4 years ago.
How do I re connect tomorrow without paying additional fee ? ( I'm in Canada , 8 hrs behind you) ,
Customer: replied 4 years ago.
Relist: Other.Expert terminated the " session", because " he needed to go to bed". I'm in Canada 8 hrs behind the UK , if Tom wasn't going to be available to complete the session , he should not have responded at all. He siad he would answer more questions tomorrow, how do I re connect tomorrow with out paying an additional fee ? Or can I continue now with another solicitor ?
Hi
You will be able to return to this thread whenever you wish and Tom will pick it up when he is back online.
Claire
Customer: replied 4 years ago.
, If my brother , who claims residency in Moms home is not willing to co operate in selling the house and refuses to move out, is there a legal mechanism to have him removed ?
Customer: replied 4 years ago.
If my brother , who claims residency in moms home is not willing to co operate and sell the house , and refuses to move out, is there a legal mechanism with which to have him removed ?
Hi
How long has he lived there and what financial contribution has he made to the property?
Claire
Customer: replied 4 years ago.
He lived in Moms house for about 15 yrs until the last two, during that time he did pay some utility bills, gas, electricity and phone, and contributed to some maintenance issues. He still keeps a room there with clothes in the closets etc, and has his mail sent there, but has slept and lived with his girlfriend for about the last 18 myths now.,
Customer: replied 4 years ago.
, He lived in Moms house for about 15 yrs until the last two, during that time he did pay some utility bills, gas, electricity and phone, and contributed to some maintenance issues. He still keeps a room there with clothes in the closets etc, and has his mail sent there, but has slept and lived with his girlfriend for about the last 18 myths now.,
Hi
He is trying to set up a claim that he should have a larger claim on the estate as he was still financially reliant on your mother for his housing - however if there is evidence that he has a home elsewhere he will struggle to prove that he was in fact dependent on her.
Since if your mother dies without making a Will you will all three become owners of the house you will be able to apply to the court for an order for the sale of the house
Claire
Customer: replied 4 years ago.
Thank you.
I would like you to have credit for your time, but this was only the completion of an earlier session with another expert, and your website is advising me that if I rate your service as well , I will have to pay extra, but it doesn't tell me how much. I'm happy you took over this session , but it was really a very short session in total , including Toms answers. I'm really not impressed with how he just dropped the ball and took credit for an incomplete session.
HI
That's fine - Tom and I will work it out no need to rate again!
I hope all goes well for you
Claire
Customer: replied 4 years ago.
Thanks, so much.
Hi
You are most welcome
Claire

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