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Stuart J
Stuart J, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi again, my friend died recently without making a will. I

Customer Question

Hi again, my friend died recently without making a will. I beleive her still has a morgage on his house. He was never married bu has five adult children,fist child ren his long time common law wife, 4th and fifth children with different relationship. His 2nd son is the one currently dealing with his affairs. He is fearful that the house will be reposed, morgage and utility bills will have to be paid + recent funeral bills. Not sure if his father has any life insurance. Questions are:
can the house be reposed, is it acceptable for them to sell his car and move out the content in his house. Also would they be able to rent out the house to make sure it is not broken into as it is currently un-occupied.Can only visit the house at the weekends. How would he be able to pay the bills. The accounts are not joint.Await your urgent reply. Once again many thanks
Submitted: 4 years ago.
Category: UK Bankruptcy Law
Expert:  Stuart J replied 4 years ago.

Who lives in the house?




How much £ has he left in assets and savings and house?

I am offline shortly till later

Customer: replied 4 years ago.

no one currently lives in the house. He lived alone


House is probably around 90 - 100 K £


He only died 3wks ago


House not rented, but would be 4 - 500£ to rent.


He has a car which is probably worth about £1500.00


son unsure what other assets he has ( amount ,if any savings/shares)

Expert:  Stuart J replied 4 years ago.

His assets are split equally then between all children.

Do they all want the house rented?

Customer: replied 4 years ago.

None of the children wants the house as they live in other parts of the country.


the children are fearful the house could be reposed if the morgage is not paid.

They do not know if the house had insurance attatched to the loan. They are still looking to find out who the lenders are.


will his estate have to go to probate as there is no will. How long could this take?

There are also outstanding utilitie bills. What should they do?


Is it advisabsle to get a solicitor?

Expert:  Stuart J replied 4 years ago.

There is a house
so whoever takes control must get probate for it to be dealt with.

Whoever arranges
the funeral is responsible for paying it out of the assets. If there is no cash
and only the house, better explain that to the undertaker as he will have to
wait for his cash.

If he is not
willing to do so, contact the local authority who will fund the funeral but will
want repaying from the proceeds of the house.

There will be
some documents relating to the mortgage in the house somewhere or, you can get
the land registry title deeds for just 3 pounds here!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

in section C, the
charges register, it will tell you what charges and mortgages are on the
property and who has the benefit of them. The administrators can then contact
to those lenders directly to find out how much is owed. Send a copy of the
death certificate and explain the situation.

The lender will
be sympathetic whilst the property is on the market to be sold what interest
will continue to accrue.

If none of the
children want the house, it must be sold and the proceeds divided between them.

As there is
nothing in this for you, I would be inclined to let the children deal with this
between themselves because if you do take control and something goes wrong, you
will get the blame and you could be at financial risk.

About as far as I
would go is to simply refer the matter to a solicitor and give the solicitor
the children's names and addresses.

The minimum
period for which it is possible to rent a property is six months and that
cannot be done without the lender's consent. They are most unlikely to consent
in the circumstances.

Does that answer
the question. Can I assist any further?

I am happy to
follow up any individual point you make

I am off-line
shortly until later but am generally online and off-line each day and most

Customer: replied 4 years ago.

I am trying to keep a low profile with the family affairs, but 2nd child who has had to take on the resposibility is at his wits end in what he has to do and has requested my support. I am merely here in a supportive capacity. Their mother has also asked me to give as much support as posible as she is disabled and not able to do so.

Will pass on some of the information.

Expert:  Stuart J replied 4 years ago.

If the mother wasnt dependent and didn't contribute to the property, she is out of the frame.

Tell him to get a solicitor to deal with it all. The bill will come from proceeds and he will therefore only pay 1/5th from his share. Save himself the grief


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