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

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My father passed away leaving his house to my mother. It was in his name alone. I need to transfer the house into my mother's name. I am the executor of the estate and have a grant of probate. Due to my mother being unwell I have a power of attorney to look after her affairs including dealing with this transfer. You can only transfer the whole of the legal ownership and we then register that change so if you transfer to just the widow or the widow and children we register the outcome, nit how you arrived at it. My uncle passed away last year, my brother and I were named executors, ( unbeknown to me!), my brother passed away before my uncle. I am applying for probate. A solicitor has stated that as the property, As a tenant in common basis, has to have the executor name applied to the title deed, and that 2 executors are needed?. I am the sole beneficiary of my late Mother`s Estate which includes a freehold property. My question is ; Is there a time limit for transferring the property out of the deceased estate and into my name or that of a 3rd party ? My Mother died 12 months ago.

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The house is probably entered in her maiden name, does this make any difference? The Death Certificate mentions her maiden name and her married name. Then could the executors simply fill a DJP form accompanied with a Death Certificate to remove the name of the person that passed away. Hi, I have paid off the mortgage now on an inherited property from my brother but have not yet received confirmation from the mortgage provider. Do I have to wait for this before I can send the assent forms to land registry? Depending on when the tenancy started, you may also need to have been living there for a year. If the tenancy started before 1 April 2012

Hi, such useful info in this comments area! My query I couldn’t see so I hope you don’t mind me asking a question. My remaining parent died earlier this year, probate has been granted in just my name although the benificiaries are myself and my brother. My husband and I would like to raise a mortgage to buy my brothers 50%. Property is not registered. Do we need to complete and submit any other forms other than forms AP1 and FR1? I assume the property should be in mine and brothers names first, with my brother removed and husband added later?

Mum’s House Dad’s House – Item 295 - ELSA Support

If the person who died had a tenancy for a fixed time and didn't sign a new agreement, they probably had a periodic tenancy.

Sue - as Mum has now sadly passed away you can't transfer it into her name and then apply for probate for her, which I think is what you are suggesting as an option. Historically properties were often in the Husband's name only and passed to the widow through inheritance but it still has to be transferred to ensure the legal ownership changes. if the property is registered to a sole owner, you need to get probate before the property can be sold; Question: Would the property which is in need of complete renovation be able to claim the reduction in VAT to 5% as uninhabited for 2 years (subject to HMRC Notice VAT Notice 708: buildings and construction clause 8.3)?

Staying in your council home when someone dies - Citizens Advice Staying in your council home when someone dies - Citizens Advice

It's likely to be a starter tenancy if it's for a fixed term of less than 2 years. You won't usually be able to take over the tenancy . If it was fixed for 2 years or more Apologies I have since looked into this and I wasn't clear in my first message apologies. It isn't the covenants it's actually a "Notice of Home Rights" restriction. Am I correct in thinking that without agreement from my sister and me (as co-trustees along with our stepmother), the house will remain in our father's name until a resolution is reached? Is there any way ownership of the house could pass to her without the consent of my sister and me? Death alone does not trigger the need to compulsorily register the ownership. 1990 was relevant only in so far as all of England and Wales became subject to compulsory registraiton that year. Triggers re transfers to beneficairies/trustees after a death came into play around 2003. So it's not the death but the onward transfer that then triggers. We register the legal ownership so if the property is registered in your late Sister's sole name, your Father is the Adminstratoir of her estate, and you are now the beneficiary then he can transfer it to your by way of an Assent (form AS1). The application would be made using form AP1 and an official copy of the letters of administration would also be required. You, as the beneficiary would also need to have your identity verified. He would not as he is named as the administrator.In Panel 14 am i the Transferor and my mother the transferee?(i'm not using a conveyancer or solicitor) SG - no as we deal with the legal ownership rather than what you do with the beneficial ownerships/%s hares and wills etc. What happens to the registered legal owners matters to us when dealing with the title. What happens to you and siblings doesn’t matter in the same way, sorry. You might be able to stay in your council or housing association home if the person named on the tenancy agreement dies - this is called succession. If you can stay, it will mean you'll take over their tenancy - this is known as succeeding. Zoe - if there is a surviving joint owner then they will be key to deciding what happens next re any change to that ownership. Have a read of our short guide and then discuss what happens next with the surviving owner. I would also recommend that you both seek legal advice to ascertain how best to protect your interest as appropriate