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Home ownership after my grandfather and father passed away

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  • #16
    Re: Home ownership after my grandfather and father passed away

    My dear old Mums last request was 'Don't put your father in a home!'(if you knew my dad you'd know how horrific that request was,,I was begging her to change 'don't..to 'do'..he wasn't the easiest of men)
    When he died my (estranged) brother decided Dad had 'told' him he could have the house,,unfortunately that didn't ring true cos the house was left to me,in writing.
    It took ages to get him out and sell the place,and I divided the pot between us all equally BUT my sister had passed away and we had no choice but to give her share to her 2 daughters,who were far to immature to deal with a large(ish) inheritance but were over 18 so entitled......and they wasted every single penny......as I say..Death/Inheritances/Estates are best left to the lawyers where there is a possible ( and likely) dispute.

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    • #17
      Re: Home ownership after my grandfather and father passed away

      Is it right to give the OP advice that could well put them in a potential family at war situation?
      Too many times on here we have family dispute threads and the problems caused.

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      • #18
        Re: Home ownership after my grandfather and father passed away

        My personal opinion (because the original post clearly says the whole ownership/deeds situation is so vague)...is to take legal advice BEFORE involving any other family in discussions...getting all the ducks lined up.
        I think the family feud (IF there is one) could end up being extremely costly.
        Being born and living in a house does not give ownership ...and I'd hate for the OP to spend a fortune doing up the house only to find a gap in the law that the house isn't his to live in/look after.
        Last edited by Inca; 31st October 2013, 11:19:AM. Reason: clarity

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        • #19
          Re: Home ownership after my grandfather and father passed away

          Originally posted by wales01man View Post
          Is it right to give the OP advice that could well put them in a potential family at war situation?
          Too many times on here we have family dispute threads and the problems caused.
          We're not giving advice here, we're not legally qualified to do so. We are just making suggestions so the OP knows all the options available to him.

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          • #20
            Re: Home ownership after my grandfather and father passed away

            Inca, I had 16 individuals including half a dozen under age. Paranoid unfounded accusations and attempted fraud by a couple of beneficiaries were just a couple of the problems I came up against. Burning bridges is an understatement. It can turn into a war on many levels with people causing as much trouble as possible because they feel hard done by and the messenger holding the purse strings gets the brunt.

            I've said this before No, No and thrice No. Don't deal with an estate yourself and avoid doing so. Put it in the hands of a solicitor if you can. Even then, whoever is named as executor will still be subject to accusations because they are "in charge". Believe me when someone feels hard done by they will vent their anger against the survivors, especially the executor. Believe me it ended up with HMRC auditing my own financial history all because someone made "anonymous" false accusations regarding my own finances and that of the estate. The reason being they had no legal recourse so they became malicious.

            Even if the OP is in their legal rights to gain possession of the property, there is a good chance that if the family get wind one or more will try and stake a claim and there are companies out there who will inform and encourage them to do so. At the end of the day it is who has the real right to the property and who has the financial clout to contest it.

            A few questions to SB3000

            Do you have any siblings?

            Is your grandfather named on your father's birth certificate?

            Have you checked to make sure that your Grandparents were indeed married or not?

            If you have no concrete proof then you should join ancestry.co.uk and do some reserch into you family history. You can get a fair bit of information including birth, marriage and death certificates. What will happen is when you do the records searches you will find the entries references and then apply for the copies. Like everything else it will cost a few quid for each copy you obtained and you can find out from the death certificates of both their marital status upon passing and work back from there. The thing is that any coffin chaser companies will be doing the same if they get wind of an estate intestate.

            Believe it or not, if your grandparents passed away more than 10 years ago and were not married prior to and post birth of your father then you have a better chance of adverse possession. Sounds awful but children born out of wedlock have less rights in law when it comes to the father. An disgraceful point is that in certain aspects a child of an unmarried couple means that the named father is not necessarily the legal if the parents are not married and therefor the child's citizens rights fall on the side of the mother. Let say if the couple are unmarried and the father is British and mother Spanish then the child is considered a Spaniard, even if they are born in the UK. It is a barbaric law that is designed for the aristocracy and the rights to the family seat. The oldest bastard son of a duke will never inherit the seat, only the oldest legitimate son or 1st in of the legitimate male bloodline can do so.
            I am not a legal professional

            I will only comment and give advice in situations which I have experience that has been gained over the years in pre legal negotiation and redress. At the end of the day when there is a legal situation of life changing or serious consequence, always and I mean always seek professional advice from a solicitor.

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            • #21
              Re: Home ownership after my grandfather and father passed away

              Originally posted by FlamingParrot View Post
              Personally, I wouldn't trust the CAB with this matter. The level of knowledge varies wildly from office to office and from adviser to adviser, some are volunteers and some are paid staff, I don't think many (or any) are legally qualified ...
              Some years ago, I applied to become a CAB advisor.

              The interview was a political vetting, with no attempt made to conceal the fact. It was made very plain to me that only applications from those on extreme Left were welcome.

              I've had many run-ins with the CAB over the years, and all have been negative.

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