Who gets house

[susannicola]

Could anyone please advise us my daughter in law and son parted but not divorced they have a 29 year old son there was also a man who lived with her off and on he’s not on electoral roll who inherits the house as this man seems to think he can live there but my son says his son should have it there was no will

[susannicola]

Should have said daughter-in-law has died

[des8]

If your daughter in law was married (not divorced) and your son is still alive, and as she died intestate (no will) but left children the intestacy rules apply.

Is your son still named on the Land Registry title?

Assuming he is not,If the estate is valued at more than £270,000he will inherit:

• all the personal property and belongings of your dil who has died, and
• the first £270,000 of the estate, and
• half of the remaining estate.

The balance of her estate is split between her surviving children

[susannicola]

Yes he is still named does he have to do probate

[des8]

If he is still named did they hold the house as joint tenants or tenants in common?

[susannicola]

Joint tenants

[des8]

When a joint tenant dies, the property automatically passes by the rule of survivorship to the surviving joint tenant. There is no need for Probate to deal with a property held as joint tenants.
As the property is registered at the Land Registry, her name name can be removed from the property title simply by registering the death certificate with the Land Registry.

There might be need for letters of administration depending on what the rest of her estate encompasses.

[susannicola]

We have a problem as her sister has been in the house and taken all paperwork as my grandson is actually on a train now he’s come from Cyprus he has been trying to get back for 3 weeks we’ve booked flights that got cancelled but what does he do now to get all his mams paperwork back

[des8]

Well it's really your son who should be dealing with her estate.
If his sister in law has removed items without authority she should return them to him

Before any action is taken though, they need to weigh up the costs, both financially and emotionally.
You say paperwork has been removed, but don't say what paperwork.

If it is to do with finances your son needs to present himself to the relevant institutions with marriage and death certificates and at least get the accounts frozen while matters are sorted.
Is there a mortgage on the house?

[susannicola]

Yes there is 9 months left on house sister in law has given paperwork back as my son told her he had been in touch with solicitor he froze the bank two weeks ago when his wife was in a coma but unfortunately sister in law has been up with a death certificate and taken £1200 out of the savings account he’s told her to bring it back or he’s going to police as it’s needed to pay funeral with the money in current account he’s now going to Lloyd’s to ask why the let a sister take money out of an account that he had asked not to let anything go out of any account just direct debits