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Probate

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  • Probate

    My parents took out a interest only mortgage in1986, several weeks later my dad walked out having never paid anything and was never seen again, I took over the mortgage as my mum never worked and became quite ill .In 2007 we changed the title to tenants in common as my mum had to go into care she wouldn’t remove his name from the title because she always thought he would turn up, in 2009 I paid off the original loan. In 2017 my mum died and left me her share of the house but when I went to change the title at the land registry the said I couldn’t because I needed his signature .I started a presumption of death in 2018 and after a long search found out he had died in 2014 in Thailand without leaving a will, I was granted the presumption of death certificate. So with probate is my mum classed as a surviving spouse as she lived 3 years longer ? And with inheritance do I put down the fact that he didn’t pay anything so didnt leave any assets ?
    Thank you
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  • #2
    Hi Marty69,
    Your mother would definitely be the surviving spouse and if there is no Will for your father then the intestacy rules would have been followed. Depending on the value of the house at the time he died will dictate how the estate is affected with regards to inheritance tax.
    Although you believe your father had no assets he legally had half the house. You could argue that he should not be presumed to own 50% following he severance but depending on the house value it may not be worth exploring this route as it can be costly making a Court claim to recognise your share, so to speak.
    Was your father a British citizen and had no other family do you know?
    Have a look at the intestacy rules here to see how his estate would have been dealt with:- https://www.citizensadvice.org.uk/fa...-of-intestacy/
    You need to work from your father’s death forwards if that makes sense.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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