Mom's House, Dad's House for Kids: Feeling at Home in One Home or Two

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Jane - she would not need probate to sell the house as the legal ownership has passed to her. The severance relates to the beneficial ownership. If the property is registered in their joint names and there is a form A restriction on the title (see https://www.gov.uk/government/publications/form-a-restriction-application-to-enter-sev) then that will restrict her selling on her own. In essence she could appoint someone to act with her and together they then sell. Your interest in the deceased's beneficial share would then be in any sale monies. My mum sadly passed away in April 2017. She left a will and named me as executor. She left 40% each of her money to me and my brother and 20% to her husband. The house they lived in my mum owned a 75% share outright with no mortgage, her husband owned 25% share with a mortgage and there is a deed written up to state the mortgage is his and always will be. My mums will states that he can live in the property until he dies, wishes to sell it or co-habits and then my mums 75% will be shared equally to myself and my brother. Do I need to do anything with regards to paperwork for the property , as in get my mums share put Into mine and my brothers name? We no longer speak to my step dad who is currently residing in the property that is now 75% owned by us as stated in my mums will.

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You are not buying it but you are then looking to mortgage it to pay off the charge. So you can either transfer it first and then apply for a mortgage and release the charge. Or do that alongside your AP1/AS1 application. Carl - it reads as if it is a confusing situation and there is a limit as to what we can really assist you with as it reads very much as if you both need legal advice/assistance. Deeds of variation, in the context you refer to, generally relate to the will/probate and not the legal ownership. Is there a time limit within which someone in such a position is expected to have completed everything, or at least kept a named beneficiary informed, especially if there is some genuine reason for delay. My late husband and I proprietors of a property with with the Title held as Tenants in Common. He passed away 4 years ago. I want to sell the property as we are foreigners and I don't plan to stay in the UK any longer.If you were married or in a civil partnership with the person who died, you'll take priority over any other family members.

Selling house after death of parents - MoneySavingExpert Forum Selling house after death of parents - MoneySavingExpert Forum

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Ailsa - you need to rely on your legal advice here. If you do not transfer the ownership then we would consider the application as requiring us to register the ownership in your names in your capacity as personal representatives. We would not register it in your late Mother's name but would consider adding your names and adding 'as Executors of [name of mother], deceased'. At the same time complete an AP1 form ​to add Executors on behalf of the Beneficiary, who would also had been added to the registry? My father passed away a few months ago & in his will it specified that half of the house goes to my mum & half to family beneficiaries (in trust) with mum having rent free occupancy rights for life; the same instruction was in my mother's will. Do you know which form I should use to register Mum & me as Trustees of the Life Interest which I understand our solicitor says we need to do to protect legal title. I understand we can't simply just use form DJP.