Inherited property

[hipprum]

Good morning! My mother died last year and my sister and I jointly inherited her bungalow. I have (at the moment) two questions:
1. We own the bungalow via probate which I organised and no solicitor was involved; should I have informed the Land Registry?
2. I am married and have a will. My sister is married but not legally separated and has no will. Her husband left, but has since moved back in to a "granny flat" attached to their house. There is no chance of reconciliation.
If she were to die I understand that half of the property would pass to her husband (the value of her estate is less than £250K) which I have no problem with, but could this cause any problem for me?
Thank you in advance

[Caspar]

Re: Inherited property

I think the Land Registry should be informed.

Obviously if your sister were to pass away before you without changing her will, half the property would pass to her husband as you say. This may be a problem if, for example, one of you wanted to keep their half and the other sell.

I don't know your personal circumstances, but would it not be easier for your sister to make a will. If she were to die intestate, everything she has would pass to her husband as next of kin, and it may be that she would like others, including yourself, to have something.

[Sapphire]

Re: Inherited property

Tell your sister to get to a solicitor and make a will and make sure that she gets the separation recorded. In fact I'd go as far as recommending that she starts divorce proceedings to get things all legal and above board.

[hipprum]

Re: Inherited property

Ah, if only it were so easy... I've had several discussions with my sister about making a will and she has no intention of doing so - hence part of my problem!
I advised her to see a solicitor about a legal separation when he first left - about four years ago - but, again she would not.
I guess that really it's my sister that has the problem and not me?

But, yes - thank you - it certainly seems that I should at least contact the Land Registry - that's something I CAN do..

Thanks for your help!

[hipprum]

Re: Inherited property

Reading my posts I realised I missed out an important point.... we are currently renting out the bungalow (via an estate agent) .....

[enaid]

Re: Inherited property

You can't make your sister do a will, but in the event of her death all will go to her husband and indeed it could cause problems for you if you wanted to sell the property for example.

[Streetwise]

Re: Inherited property

Hi Hipprum,if your sister does not make a will,her estate will pass to her husband and so will her pension,does she have children,she does not have to go to a solicitor to make a will, one can be bought from W.H.Smith as long as it is dated and witnessed by 2 people who do not gain in the will, it is a legal document,she should be strongly advised to make a will as,the pitfalls are horrendous.

[hipprum]

Re: Inherited property

An update to the above - I have now informed the Land Registry and the bungalow is now in our joint names My sister and her husband still live in the same house, still married and not legally separated, no chance of reconciliation, BUT she has since lost her job and it's not looking likely that she'll get another (she's 58). She has no savings and is struggling to make ends meet. She has asked if we will buy her share of the property (we don't have enough cash to do this but would have to borrow part of the money - probably against our house (we don't have a mortgage). Do you think it should be relatively straightforward or are there potential problems with this?