Off Topic Some Advice Please?

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TheCasual

TheCasual

Well-Known Member
May 6, 2011
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Hull
Hi there

I would like some advice, please.

So I posted before in October last year my dad died.

He had been ill for a while and was in hospital end of 2021 and beginner of 2022 for around three months. He lived with my mum but there where not together. But had remained friends after their separation in the late 90s. She moved in after she split up with her husband.

Me, but mainly my partner helped sort out a care package and go to his house to sort out his house because he was unable to leave the hospital until it was right for him. For a good two weeks we were going to his house before work and after work plus weekends.

My sister played no part in this and had no interest. My sister used the reason that she can't have a relationship with my mum as not playing a part.

My dad owned his own home and it was mortgage free but he didn't leave a will. So the house has to be probated.

I'm full-time at Open University, work full time and so does my partner. We also have a family. So we have not had much chance to go sort through his house.

My sister is getting arsey because we haven't probated the house and marking all kinds of legal threats.

She basically wants to make my mum homeless who is very unwell with her mental health. So she can sell the house.

I want to sell the house, I'm not really fussed about the money. It's not a huge amount.

I just have not had the time to do anything with the house.
 
If there's no will, you are going to have to get Letters of Administration and then sort probate, so I strongly suggest you go to a solicitor. My dad died without a will and the family solicitor sorted it all out for less than the cost of the funeral. (This was about 35 years ago). If you don't have a lot of time, going to a solicitor will be a godsend. You can get your legal costs paid for by your fathers estate. Probate is about tax so can be complicated, also a solicitor will be able to tell you (and your) sister, who gets what. If your sister wants to make a battle of it, (happened to a friend of mine) then your going to need legal advice. Yes, you can do it all yourself, but it's a steep learning curve and not easy, especially with family criticism.
Hope this helps
 
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Well that’s a right mess
Sorry for your dad and mum but it’s going to be messy.
Get a solicitor as high peak says.
If you and your sister do get half then I assume the house will be sold and mum will have to move out.
Make mum aware of that outcome that it will, not can, happen.
Good luck
 
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Was he married to your mum and if so is he still even though they aren't officially together. If so that could possibly hange things re the house. As other have said though, get a solicitor to deal with it. I wouldn't recommend taking advice from anyone on here past people saying get a solicitor
 
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It’s the right advice on here ,get a solicitor and keep everything on the straight and narrow.A lot of people are scared of the expected expense but it’s certainly worth it in the long run.One other piece of advice for everyone reading this ,make a will along with your partner’s.My mate was a quite wealthy kid who always said nothing will happen to him and I have plenty of time to make one.Unfortunately the opposite happened and his estate was in various companies and holdings and took a long while to be resolved for all the relevant parties.
 
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Howdentiger2 said:
Was he married to your mum and if so is he still even though they aren't officially together. If so that could possibly hange things re the house. As other have said though, get a solicitor to deal with it. I wouldn't recommend taking advice from anyone on here past people saying get a solicitor
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He said she moved into the house after leaving her husband, so having been married to someone else, she's not still going to be married to him.

You definitely need to get a solicitor Casual.
 
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TheCasual said:
Hi there

I would like some advice, please.

So I posted before in October last year my dad died.

He had been ill for a while and was in hospital end of 2021 and beginner of 2022 for around three months. He lived with my mum but there where not together. But had remained friends after their separation in the late 90s. She moved in after she split up with her husband.

Me, but mainly my partner helped sort out a care package and go to his house to sort out his house because he was unable to leave the hospital until it was right for him. For a good two weeks we were going to his house before work and after work plus weekends.

My sister played no part in this and had no interest. My sister used the reason that she can't have a relationship with my mum as not playing a part.

My dad owned his own home and it was mortgage free but he didn't leave a will. So the house has to be probated.

I'm full-time at Open University, work full time and so does my partner. We also have a family. So we have not had much chance to go sort through his house.

My sister is getting arsey because we haven't probated the house and marking all kinds of legal threats.

She basically wants to make my mum homeless who is very unwell with her mental health. So she can sell the house.

I want to sell the house, I'm not really fussed about the money. It's not a huge amount.

I just have not had the time to do anything with the house.
Click to expand...
Much depends on whether your Mother was classed as his spouse or civil partner.If not,I'm sure the law in England would then move on to equally dividing between the Children?

I had a sister,much like yours,who took nothing to do with my parents after being disowned,she was totally written out of My Fathers will(before and after my Mother's death).My old man developed Alzheimer's,my wife and I looked after him for years,fed him,watered him,took him out,cleaned for him...Until...Godzilla rocked up from under her rock,moved in with him,organised a solicitor to home visit and change said will...11 days before he died!!

She got half of everything,I could've contested the will but the expense in doing that can be excessive(easily £20k).I left her to it with the firm belief that the money will bring her no happiness.

As others have said,you need to go to a solicitor and let him/her sort it,you can't,it will wear you down.

Good Luck and take it easy,it'll sort itself out:emoticon-0148-yes:
 
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Best advice has already been given - get a solicitor on the case. FWIW, even with an uncontested will, unless the property is left to a spouse who is already named on the deeds, probate is required.
 
Thank you for the advice lads. I'll look into one on Monday.

I find it interesting how my sister had no interest sorting the house when my dad needed her too when he was ill. But it is interesting how she is suddenly interested when there is a pot of gold at the end of it.
 
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You can ask the solicitor what he thinks it's going to cost. Ideally, you and your sister make his job as easy as possible, which keeps the cost down. Complications and arguments will put the cost up. If your sister decides to be awkward, then there is likely to be much less in the pot at the end. Hopefully, she will see sense and cooperate. Very best of luck with the whole process.
 
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TheCasual said:
Thank you for the advice lads. I'll look into one on Monday.

I find it interesting how my sister had no interest sorting the house when my dad needed her too when he was ill. But it is interesting how she is suddenly interested when there is a pot of gold at the end of it.
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Families Mate. Can’t live with em, Can’t live with em.
 
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TheCasual said:
Thank you for the advice lads. I'll look into one on Monday.

I find it interesting how my sister had no interest sorting the house when my dad needed her too when he was ill. But it is interesting how she is suddenly interested when there is a pot of gold at the end of it.
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Unfortunately, that is human nature, as soon as money raises its head many people's attitude changes.
 
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Just to give you an idea I had a court case recently this is an idea how much they charge
You must log in or register to see images
 
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Ric Glasgow said:
I had a sister,much like yours,who took nothing to do with my parents after being disowned,she was totally written out of My Fathers will(before and after my Mother's death).My old man developed Alzheimer's,my wife and I looked after him for years,fed him,watered him,took him out,cleaned for him...Until...Godzilla rocked up from under her rock,moved in with him,organised a solicitor to home visit and change said will...11 days before he died!!
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If he was diagnosed as having Alzheimer's, that's illegal (being of sound mind and body etc).
 
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