How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

What will happen to my mothers estate if she dies without leaving

Customer Question

What will happen to my mothers estate if she dies without leaving a will ?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi,

Is your mother married?

Tom
Customer: replied 2 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.)
Expert:  Thomas replied 2 years ago.
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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom


Customer: replied 2 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 ?
Expert:  Thomas replied 2 years ago.
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 2 years ago.
So the Halifax can't just possess the house ?
Expert:  Thomas replied 2 years ago.
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: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.
How do I re connect tomorrow without paying additional fee ? ( I'm in Canada , 8 hrs behind you) ,
Customer: replied 2 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 ?
Expert:  Clare replied 2 years ago.
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 2 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 2 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 ?
Expert:  Clare replied 2 years ago.
Hi
How long has he lived there and what financial contribution has he made to the property?
Claire
Customer: replied 2 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 2 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.,
Expert:  Clare replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 2 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.
Expert:  Clare replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Customer: replied 2 years ago.
Thanks, so much.
Expert:  Clare replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)