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Hi, I'm new to Legal Beagles and have recently been appointed executor to my uncle's will. I am currently going through the process of getting probate.
He has left some cash to different people and the remainder and all property to his sister (My mother). The problem is that his mother (my Grandmother) died intestate some 20 years ago. My uncle gained probate not long after she died but never sorted out her house, in which he lived with her, so it is still registered in her name. His two sisters including my mother did not bother about this as it was his home and they were happy for him to stay there but now the house is empty. My uncle and mother's other sister died a few years ago and had 3 children, one of whom died last year and leaving 2 children.
I understand that as executor to his will, I am now automatically executor to my grandmother's affairs as he did not sort out the house?
My main question is how I sort the house out. I assume my mother now owns 2/3rds (one third inherited from her mother and another 3rd left by my uncle?)
I have tentatively enquired and I think my mother would like to own the whole house to keep. How does that happen? I assume my auntie's third share is now split between her children and the children of her deceased child? I do not know some of these people. My mother will have the funds to buy the other third share. Do they all have to agree to this? Or, do I just get the house valued and ask her for one third of the value and then split it between them after finding them? Would I need something from them to say that they no longer had an interest in the property mum's name. and can I then just ask the land registry to put the house in my mother's name. I need to be fair to all involved.
In case it is relevant, the house is very modest and probably only worth less than 60k. My grandmother was a widow when she died leaving her 3 children and my uncle never married or had children.
Thank you.
He has left some cash to different people and the remainder and all property to his sister (My mother). The problem is that his mother (my Grandmother) died intestate some 20 years ago. My uncle gained probate not long after she died but never sorted out her house, in which he lived with her, so it is still registered in her name. His two sisters including my mother did not bother about this as it was his home and they were happy for him to stay there but now the house is empty. My uncle and mother's other sister died a few years ago and had 3 children, one of whom died last year and leaving 2 children.
I understand that as executor to his will, I am now automatically executor to my grandmother's affairs as he did not sort out the house?
My main question is how I sort the house out. I assume my mother now owns 2/3rds (one third inherited from her mother and another 3rd left by my uncle?)
I have tentatively enquired and I think my mother would like to own the whole house to keep. How does that happen? I assume my auntie's third share is now split between her children and the children of her deceased child? I do not know some of these people. My mother will have the funds to buy the other third share. Do they all have to agree to this? Or, do I just get the house valued and ask her for one third of the value and then split it between them after finding them? Would I need something from them to say that they no longer had an interest in the property mum's name. and can I then just ask the land registry to put the house in my mother's name. I need to be fair to all involved.
In case it is relevant, the house is very modest and probably only worth less than 60k. My grandmother was a widow when she died leaving her 3 children and my uncle never married or had children.
Thank you.
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