Property Issues
Ok, bear with me & I will try to explain best I can.
My grandfather died 20 years ago leaving the house to my mother ( he had motor nurone disease & didn;t leave a will) My mother is an only child. She remebers paying probate at the time of his death.
She is looking to raise some capital on the property & has found out that the land reg still have her fathers name on the deeds. She has been in touch with the solicitor who state that they have no documnetation of him leaving the house to her.
Techinally, nobody owns the property now, even though mum has been living here for 20 years....how can she deal with this problem?
My grandfather died 20 years ago leaving the house to my mother ( he had motor nurone disease & didn;t leave a will) My mother is an only child. She remebers paying probate at the time of his death.
She is looking to raise some capital on the property & has found out that the land reg still have her fathers name on the deeds. She has been in touch with the solicitor who state that they have no documnetation of him leaving the house to her.
Techinally, nobody owns the property now, even though mum has been living here for 20 years....how can she deal with this problem?
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Comments
does this mean the crown owns it and can turf her out?
And if there wasn't a will then there won't be a record of your grandfather leaving the house to your mother.
I'd guess that it is his estate that still owns the house as the estate hasn't been wound up by distributing the assets - which is the role of the administrator if there wasn't a will and the executor if there was.
Final caveat (and then I'll stop editing), I'm not a lawyer and that's all based on my understanding of the system in England and Wales. Scotland is slightly different so if you're there...
I'd agree with the above. You could contact the local probate registry to see if they have a record of a grant of probate or letters of administration. If no grant was ever extracted then your Mother should be able to do this now and can then assent the property to herself if she is the beneficiary under the intestacy. The assent should then be registered at the Land Registry.