Children's Rights when parent dies

[Helshubby]

Hi , we look after our niece under a Residence Order , granted in 2010 . Her mother died in 2007 , when our niece was 2yrs old , her parents (I am her paternal uncle) were not married when her mother died. My brother has since remarried and is trying to sell their house , which was paid for through an insurance policy when my niece's mother died.
Where does my niece stand legally ? She is only 10yrs old so we are trying to protect her interests but are not sure if she has any claim on the property. Please help

[Amethyst]

Re: Children's Rights when parent dies

How was the property owned prior to your niece's mothers death ? Was it a joint mortgage between her and your brother ?

Was there a will at all ? and do you have any details of the insurance ?

[Helshubby]

Re: Children's Rights when parent dies

The land registry entry is in both parents names . So , I would think that mortgage was joint. Also , life insurance on the mortgage paid it off

[des8]

Re: Children's Rights when parent dies

Presumably the life assurance benefits were assigned to the mortgage company.
The property was owned 50/50.
The parents were unmarried, and not civil partners.
There was no will.
In that event the estate is shared between the children.
IMO your niece is entitled to her mother's share of the house, and was from the date of her death when her mother's estate should have been put in trust for her until she reaches her majority.

[Helshubby]

Re: Children's Rights when parent dies

Thanks Amethyst and des8 you've given me a starting point . We thought this was the case . My brother has been trying , unsuccessfuly , to sell the house . Looks like we'll need to take formal steps to include us (as her legal guardians) in any sale of the property . We'll certainly get in touch with a local solicitor who deals with this area.

[stevemLS]

Re: Children's Rights when parent dies

I am not sure it is as straightforward as that.

You need to check whether they held the property as joint tenants or tenants in common. If it was a joint tenancy, your brother's partners share of the property automatically will have passed to him when his partner died.

[des8]

Re: Children's Rights when parent dies

Your right of course Steve.
Joint tenancies tend to be favoured by married couples, or those in civil partnerships, whilst others (groups of friends for example) tend to opt for tenancies in common. The difference also has implications re inheritance tax.

Regardless of the house, the rest of the estate of the mother (chattels such as jewellery and cash) should have passed to her daughter.