Property questions

[gdlb113]

Hi all.
My father died intestate earlier this year. My sister dealt with all the probate stuff. She has recently bought up that there is a house, of which, 50% may or may not be eligible to go into our fathers estate. The house was left behind when our gran died, who also died intestate. Our aunty applied to be administer of her estate but I don’t think she actually did anything as the house is still in our grans name - she died in 2008. My question is, when my gran died intestate, would my father and aunty be joint tenants or tenants in common, or neither? The house is technically registered to a dead person and wasn’t dealt with in probate. So I’m really unclear on where everyone stands. Any help to better my understanding would be greatly appreciated.

[dslippy]

Take your time. It is not straightforward. It has become complicated because people chose not to do the slightly more uncomfortable decisions.
The eventual realised value of as house should easily for doing it right.
Write out a full family tree, strarting with your gran. Somebody needs legal power to transfer the house wherever it goes next. They take out a grant of administration 'de bonis non' in your gran's estate. Who does what then depends upoon the family tree.

[gdlb113]

dslippy

So at the time of my grans death, my father and aunt are next of kin. As she died intestate (without a will) I assume that they (father & aunt) would be tenants in common. Now that my father has died, his half would go into his estate? My aunt had applied for a letter of administration but did not actually administer the estate, evidenced by the fact the house is still registered in my grans name with land registry. Another question would be now that my father is dead, would my grans estate all go to my aunt or is it split according to when she died in 2008, when my father was alive. Obviously I’m going to employ a solicitor but I wanted to see what this forum could offer me in terms of useful information, experience of similar situations and knowledge pertaining to property, intestate, and the law pertaining to these things.

[dslippy]

No at the point where you say they inherit. They do not. The prperty forms part of the estate and goes ino the estate. The house does not come to them save as a value on sale from the estate.

[gdlb113]

dslippy

It is quite a complicated situation. As there have been 2 people die intestate. The first, my gran, whom probate was not officially completed. Second, my father, whom probate is underway but obviously certain hurdles are being presented with regards to my grans estate, some of which (we believe half), he would be entitled to. We believe this as he and my aunt were her next of kin. When somebody dies intestate, as they both have, the estate goes to next of kin - in England and Wales.

[dslippy]

When somebody dies intestate, nothing 'passes' until a grant is taken out, and the person appointed carries out the actions necessary to transfer the title. Your father may have been entitled to some of your gran's estate, but that remains incomplete. Complete the administration of gran's estate first before worrying what happens to you father's estate.

[gdlb113]

dslippy

So I understand the grant of probate bit. The thing I’m confused about is, because my gran died in 2008, my aunt applied for and was issued letter of administration, but didn’t actually do anything as the house is still in my grans name. Can she still complete probate with that letter of administration 14 years later? Would my fathers estate be entitled to half of the value of the house, as he and my aunt were both next of kin?
Thanks for your replies so far. Much appreciated

[dslippy]

She can complete her job, and should do so. The important phrase is 'value of the house'. She has a duty to sell, to put the net prceeds into the estate, and then distribute the estate properly.
Beneficiaries are free to buy the house.
All this precedes any question of a benficiary having since died.
Who is entitled to what may be as you say, but depends upon a full family tree being done.
All thi 'complication' comes from not getting the job done. Delay will only increase that complication.

[BartyDanels1]

I haven't been in those situations either, but I don't think you have any questions to ask. The only questions would be about the payment, how they would pay you that amount, and all the details of the paperwork, and I think that would be it. A few questions should come up when you want to buy a house. The process is much more complicated there, and you have to be much more careful. I was very cautious about it and wanted to find out all the details about the condo, so I hooked up experts from https://www.sjonessurveying.co.uk/ to do an honest and unbiased appraisal of the condo I want to buy.