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Fathers Passing. House Prob
GrandPlains206
Posts: 62 Forum Member
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Hi guys just after some opinions/advise on this:
I recently lost my father. I was an only child and he also had a partner of 4 years. He was married for 30 years previous to that to my mother.
His affairs were not in the best of state when he died and he did not leave any Wills(that I can find) Anyways he leaves behind a house which is with one of those Equity Release schemes.They are giving us a year to the date he died to sell/clear out the property. I was aware of all this before he died.
My dad was in his 70s. I was an only child and he also leaves behind a partner.Now his house needs clearing out.And theres a lot to clear as he was a huge horder. Anyway His partner has offered to help me which is very kind of her. But she keeps asking me for a spare key to have so she can get in his property when Im not about but I would rather not as I do not know her very well and do not feel comfortable with her going through his/our family things when Im not present. I can only get down to his house a couple of times a month as I work full time and do not live in the area. Any advise would be much appreciated.
I recently lost my father. I was an only child and he also had a partner of 4 years. He was married for 30 years previous to that to my mother.
His affairs were not in the best of state when he died and he did not leave any Wills(that I can find) Anyways he leaves behind a house which is with one of those Equity Release schemes.They are giving us a year to the date he died to sell/clear out the property. I was aware of all this before he died.
My dad was in his 70s. I was an only child and he also leaves behind a partner.Now his house needs clearing out.And theres a lot to clear as he was a huge horder. Anyway His partner has offered to help me which is very kind of her. But she keeps asking me for a spare key to have so she can get in his property when Im not about but I would rather not as I do not know her very well and do not feel comfortable with her going through his/our family things when Im not present. I can only get down to his house a couple of times a month as I work full time and do not live in the area. Any advise would be much appreciated.
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Comments
1. Do not give the partner a key under any circumstances
2. Take a weeks holiday. During that time stay at the house and take everything you want. Allow the partner access at the same time to do the same
3. Then employ a house clearance company to clear the house.
4. Sell the house
There really is no point stretching this out it will only add to your stress
Good luck
I would agree with this, particularly the second point. Depending on your personality, you may want to have a think about anything sentimental or of emotional value that you would like to keep/look for as well as being practical about the house clearing.
Are you worried that the partner is pressurising you in to giving her a key and that she may have other motives? Perhaps you can explain to her that as his next of kin (?) you will be taking responsibility for the house clearance etc and are more than happy to arrange to go through things together. Perhaps she is just concerned that you might throw away things that she might have sentimental attachment to without you knowing - perhaps you could sit down together and discuss things (as presumably you'll both be grieving somewhat at this stage, you might find it useful and can comfort one another) as well as going through things in a practical manner.
I hope it goes ok. Sorry to hear about your father
The OP is only going to take the contents so he doesn't want his father's partner rummaging through the family things. Fair enough.
OP tell your father's partner that you are uncomfortable with her having a key but she is welcome to meet you whenever you can get there.
BIB - That point is not clear IMO. Sometimes only a percentage of the house is put up for equity release thereby leaving something in the house for the heirs. I was erring on the side of this being the case in this instance although I fully accept it could also be as you suggest
So is that was married, ie divorced, or still married. If there is no will, then his wife would inherit, but if divorced, then you would inherit. I am not certain though, and your mum may have some claim.
I am also not sure whether his partner would have any entitlement. I presume she lives there, so you may not be able to exclude her. If she doesnt live with him, then partner seems a strange description.
Assuming all this is resolved, then the property will be yours. Depending on the estate value, there may be inheritance tax to pay, although this sounds unlikely.
I would get some legal advice - you need that anyway to administer the estate - and then decide how to continue,.
I
Apparently not because the OP says...
...if she lived there, she'd have a key.
Partner seems convenient and uncontroversial shorthand as opposed to girlfriend, lover, mistress, significant other...
Yes. Hence partner sounds a strange description.
I haven't encountered any where you actually transfer the ownership to the equity release company. It's more likely to be a debt due by the estate.
Yes he was in quite abit of debt so the house value will be paying some of it back. She did not live in the property with him. She has her own house.As I understand it they use to do a few days at each and have a few days away between em.Bit of an odd situation I know.
And yes I am going to get legal advise over the coming weeks as need to look into probate .
You have to apply for Letters of Administration instead. Please seek legal advice.
A will which can't be found equals died without a will. It sadly happened to a friend of mine; she died and was known to have made a will, but nobody could find it (and still can't)
I am unlikely to be able to sell it as he was having a border dispute with the neighbour for the last few year.
Look around your house and ask "If I popped it tomorrow would my kids want all my stuff?"
After the photographs and "sentimentalia", very little.
When my Mum died I kept a few relevant souvenirs, offered the white goods and 3pc suite to younger members of the close family then let a clearance firm strip the house whilst I stayed away.
GrandPlains206: "I have a year from the date of his death to sell it or it gets handed back to them and they take ownership of it to clear off some of his debt.
I am unlikely to be able to sell it as he was having a border dispute with the neighbour for the last few year."
Do the maths. Get a valuation.
Once a property is in the hands of the mortgagors they simply have to demonstrate they got a "reasonable price".
I don't know what the "border dispute" involves but if it's just a squabble over a foot or so take a hit to become stress free.
Quite. Just about any property can be sold, and somebody's going to have to sell it one way or another.
This was why my dad did the Equity Release in the end.Solicitors were dragging it out too much and it was costing them a lot so he thought sod it, it will be the ERs prob when they take it as Im not taking on any lengthy/costly legal battles with this
Early legal advice from a reputable firm of solicitors is critical to avoid getting into a mess.
Had alot of issues with it but in the end had the deeds so I chose to sell it asap to clear the debt with the Equity release company. I think it sold for alot less then it was worth but who ever bought it took on the legal issues with the Neighbour
I think the house has been sold so he will no longer have a key himself.