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My mother passed away in September 2017. She left half her…

Hi , my mother...

Hi , my mother passed away in September 2017 . She left half her house to me in her will . My father is still alive and we are all currently living in the house . I am Exeter of the will . My question is do I have to do anything on the house deeds or what do I do next ? Obviously the house doesn’t automatically come to me and I just wondered what my next step is ? My nephew is also executor aswel .

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oh it’s uk Shropshire

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I know of

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Answered in 18 hours by:
1/3/2018
F E Smith
F E Smith, Solicitor
Category: UK Property Law
Satisfied Customers: 10,817
Experience: 30 years General Practice. All aspects of Property Law
Verified

Hello for clarification are there any other family members?

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Customer reply replied 7 months ago
I have one brother alive and one brother that died 12 years ago .

Thank you. If your deceased brother was left anything in the will and he had children, and his children will inherit his share. A spouse or partner will not put children and grandchildren will.

It seems that he wasn’t left anything because you say that your late mother left half of the house to you and presumably, your father has the other half.

You cannot get your name on the deeds to the property until you have applied for a grant of probate in respect of your mother’s estate. It’s unlikely that you would be able to force a sale of the property with your father living in it so depending on what you want to achieve, you can actually leave putting your name on the property until some stage in the future even when you are then dealing with your father’s affairs.

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Customer reply replied 7 months ago
Ok , yes my father owns the other half , so actually I don’t have to do anything then ? I was just worried as all other affairs are sorted . My father will be ( apparently ) leaving his half to me when he dies . So nothing has to be done ?
Customer reply replied 7 months ago
I don’t want to force a sale or anything tge property will evwntually come to me anyway .

I have known many people in the situation like yours who would deal with your half the same time they deal with their fathers half at some stage in the future. I remember one case when it was 25 years later they got round to dealing with it. There is no legal time limit to do it.

There is a downside and that is that paperwork can get lost and that is probably the only reason to get it dealt with now

However, if you already have probate for your mother’s affairs, it’s simply a case of submitting an Assent form AS1 https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

to the land registry along with form AP1 and the original grant of probate and the property will be transferred into joint names with you and your father.

If you don’t feel capable of doing it yourself, then a solicitor is probably only going to charge you a couple of hundred pounds at most.

. Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith
F E Smith, Solicitor
Category: UK Property Law
Satisfied Customers: 10,817
Experience: 30 years General Practice. All aspects of Property Law
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Customer reply replied 7 months ago
No that is very useful thankyou very much .
Kind regards
Hollie
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