Dealing With Inheritance Tax
When someone dies any private property and possessions owned by that person becomes known as his or her estate. It becomes the duty of a chosen executor (as stipulated in the deceased’s will) or administrator (appointed by law if no will exists) to, among other things, have this estate assembled and documented, valued, taxed correctly, and finally distributed to those who stand to inherit either by the terms of the deceased’s will or by the laws of intestacy/succession (if no will exists). Dealing with Inheritance Tax can be a headache, but it must be done before the estate can lawfully pass hands to those who stand to inherit.
Assembling and Documenting the Estate
Whoever is appointed to act for the deceased s estate will need to assemble and document (as much as possible) the deceased’s possessions. Very often details of the estate – both debts and assets – will be found in the deceased’s personal documents or held with his or her solicitor. Common items in many estates include:
- Current, savings or building society accounts.
- Private property, or shares in private property.
- Jewellery.
- Family heirlooms.
- Art.
- Vehicles.
- Stocks, bonds and/or other financial instruments.
- Private pensions.
- Items of historical value.
- Trusts.
Valuing the Estate
While it is possible for the executor or administrator of an estate to value it by him or herself, it is best to use a professional valuer who understands the delicate details of this process. For example, there may be situations in which there are items that the deceased gave away but in which (s)he still kept an interest and/or items that were given away within the last seven years that will need to be included in the valuation. Debts too will need to be factored, including outstanding mortgages, unpaid bills, and funeral expenses, among other things, as well the value of any trusts. Professional valuers or chartered surveyors (in the case of property) will be able to determine the open market value of the estate which is needed for tax calculation purposes.
Paying Inheritance Tax
If the estate is valued at higher than £325,000 then the value of the estate above this figure will be taxed at 40%. If it is likely that some Inheritance Tax will be due, then the Inheritance Tax form IHT200 should be filed. Generally, the Inheritance Tax due will need to be paid within six months from the end of the month in which the death occurred or interest will begin to accrue. There are many methods by which Inheritance Tax may be paid, including by cheque, transfer or giro from a personal account (including one held or jointly held by the deceased), with British Government Stock that was held in the deceased s name or with National Savings investments that were held in the deceased s name. Once this tax has been paid, a clearance certificate can be issued upon the filing of form IHT30.
Dealing with Inheritance Tax is usually a complicated matter, one that is best sorted with the help of professional valuers and experienced solicitors. The Probate and Inheritance Tax helpline (0845 3020 900) is also available to answer questions during working hours on Mondays through Fridays.
Inheriting Property
When someone dies any private property (or shares in private property) that (s)he owned will become a part of his or her estate. This estate will be distributed according to the law either by the executor (someone named in the deceased s will) or administrator (someone appointed by law in the event that no will was left). Depending on the type of property held and the instructions left in the will, there are many ways in which an individual could inherit property and many rights and responsibilities that come along with such an inheritance.
There is also something called a Deed of Variation, which allows the person inheriting the asset to alter either who owns it or how it is applied.
Ways of Inheriting Property
There are three main ways in which private property can be inherited.
The first is if the deceased and the inheritor were living together in a property held as a joint tenancy. Upon the death, the surviving member of this agreement inherits the entire property automatically.
The second common way of inheriting property is if the property was owned as a tenancy in common, then the inheritor will be awarded the deceased s share in the property either as stipulated in the deceased s will or according to the laws of intestacy/succession (in the event that no will exists).
Finally, if the deceased owned the property outright then it will be inherited according to the deceased s will or the laws of intestacy/succession (again if no will exists).
Debts and Inherited Property
Property that is inherited will usually not be released to the inheritor until all debts have been cleared from the deceased’s estate. However, it may be that outstanding debts exist and the property must be sold in order to make up these debts. If such is the case, the inheritor should be informed of these developments and should be kept informed about the process by the executor or administrator of the will. Generally, if the property was held as a joint tenancy then all other avenues of paying debts will be explored before the idea of selling the property must be raised, but if it is impossible to pay these debts otherwise then selling may be the only option. Working with a solicitor will help make all details clear about specific cases.
Uses of an Inherited Property
Sometimes the properties inherited after death are already inhabited by tenants. Whether or not this arrangement will continue is up to the new owner. However, if it does continue then the new owner becomes the landlord and must shoulder all of the responsibilities of this position as stipulated by the law. Regardless of whether the new owner is hoping to sell the property, inhabit the property him/herself, or continue renting the property to others, a solicitor should be consulted to ensure that all laws are followed regarding these transactions. If a new owner does intend to move into the property, (s)he should consult a solicitor regarding the existence of any tenants, registering the property in his/her name, nominating the property as his/her main home with the Tax Office, taking on mortgage payments, paying any applicable taxes and anything else related to his/her specific situation.
Inheriting property is not usually a straightforward affair. There are many ways of inheriting property, and many more issues that must be dealt with such as taxes on the property, the property is used to pay off debts, relationships with existing tenants living in the property, tax issues surrounding the property becoming the owner s main home, the new owner taking over the mortgage on the property and much more. If possible, the guidance of a solicitor should always be sought in case of private property inheritance.
do i need to change the name on the deeds and can i do this or does the solicitor? as the are chasing me for accent. i don’t evan know what that means. thank you
Sorry @Susan Treen. We are not sure what you are asking. Have you inherited a property?
My mother who is 93 years of age has just suffered a very serious stroke and the outlook is not good to say the least. I am her son also 69 years old and her only family as she has been widowed for a long time she has no more children she has never worked.i am disabled for which I receive the top grade allowance I have a small amount of savings and obviously not working so my request is can I get help with funeral costs when my mum is no longer with me and if so who do I contact ..regards Brian Horsley thank you
@Brio. Check on the Turn 2 us website we cannot really say without having all your details.
I only found out last year that when my grandmother died 15 years ago that she left her estate to myself and my sister. My sister was the Executor but never informed me that I was left anything in the Will. I have checked with the Land Registry office and my sister took a mortgage out on the house and then proceeded to sell it six months later for a substantial sum. I have contacted a solicitor who has informed me that she was entitled as the Executor to take out a mortgage and also to sell the house – is this information correct?
@ber. If you were entitled to half the estate you should have received some of the value of the house – the fact that your sister took out a mortgage suggested she bought your part of the estate? You need to follow this up via a solicitor. The Will should be available to view on the Probate Register.
i am 1 of four children our mother died in northern ireland on 5 nov 2015, the house and a small sum of money was left all bill have been paid, three children want to rent the house out but I do not, were do i stand.
Who are the executors of the Will? They can overrule and decide to sell if the beneficiaries cannot agree.
My nephew has just died. He was on social security and lived in a council provided property which he shared with his brother ( both were on social security) He has no assets or savings. Would his brother be entitled to receive a monies to pay for his funeral. Also he ha unpaid taxes does this die with him if he had no assets. They lived in Northern Ireland I hope you can help me with the above information. Kind regards June Lalani
After finding no will when our father died she just wtook over with everything I had no say in anything she got probate and as she was going to inherit from our fathers estate she couldn’t be an executor she said something about she was going to a meeting with the bank then she put his house up for sale then I received a text saying she’s sold it I haven’t signed anything to agree to this even though half the property is mine she got the deeds to the house dad had life insurance and a pension even his bank account is he won’t show me a thing recently she s said our fathers property is unregiste Hred with land registery what happens now would my name be on the deeds to his house and be put on land regestry also can I see his bank statements and what other assets he owned and can I get a copy of his death certificate she’s being so secretife about this a I just want to know legally where I stand
can anybody please help me. my father died 18 months ago and he left no will and as my mother died 20 years ago i was his only living child and next of kin. Ive read everywhere about bereavement payments for husbands and spouses etc but can i claim anything as his daughter next of kin and carer ? i had to deal with everything and i feel i wasnt told half of what i should have been told about grants and benefits and struggled to pay it all
Bereavement payments are only paid to spouses/partners. If you were on benefits you may have been entitled to funeral assistance. You would usually be expected to pay for this out of the estate of the deceased.
dad died in 1994 leaving house to mum who died in N.Ireland a couple of years later leaving no will. my brother has lived in the house ever since. we are 3 brothers now wanting to sell the house and dont know which way to turn? any advise please in how do we sell? inheritance tax (house is well worth over £325000)? capital gains tax? Thanks Aidan
Whose name is on the title deeds after all this time? Was probate carried out at the time your mother died? Both IHT and Capital Gains Tax will payable. It’s probably best to seek professional legal/financial advice.
Dads name is still on the land registary for the house, probate was carried out at the time of his death but not at mums. thanks for your response
We really think a legal professional is the best person to help you.
My Brother has just died, I am his sister and have power of attorney . He has no will , He has 2 children ,no spouse and I deal with all his affairs . HE has a substantial amount of money in his bank account ..What do I do now ?
Hello I am concerned about my uncle who is 91 years old. I need help finding out if my sister who does not live with him and I moved in about a month and a half ago but she is on his light company billing statement does this mean she can get his house or property after he passes away?? He told me she isn’t on or suppose to be on anything paper wise of his? Please help me to understand what is going on
My wife and I owned a property as tenants in common. My wife died some years ago and in her will left her half of the house to our 3 children ( who had grown up and left home) but allowing me to live in the property until I die. When I die, do the children have to pay capital gains tax on the increased value of their share of the property?
A very clear and informative site. It has given me great peace of mind. Thank you.
Thanks for the compliments Midnight!
I paid for my mum’s house so it is mortgage free but is still in her name and only she lives in it. I am named to receive it in her will. It is worth approximately £100k. My question is: should I get it signed over to me while she is alive or can I leave it to come to me in the will? Is there much difference in cost,tax or fees? Thank you in advance.
@catherine. You will need to work out the value of the total estate that you stand to inherit. If the house plus anything else you inherit is worth more £325,000 then you will be liable for inheritance tax. Sometimes ‘gifting’ something will render it exempt from IHT but the giver has to live for 7 years from the time of the ‘gift’. If they continue to benefit from the gift (e.g if your mother continues to live in the property, then she would have to pay the market rate of rent for it to be exempt from Inheritance Tax.
Me and my children have been left my mums house in her will but she had a lone with no protection on it will I have to sell the house its £2000.
@Looby. Check first to see whether any life insurance/payment insurance was in place that might cover the debt. The debt will have to be cleared after any mortage and funeral expenses have been made. If there is any money left from other assets (such as anything in the house of value or car etc), you could use this to pay the debt. If not, then it will have to come from your own money or as you say, the sale of the house
My mum owned her house and i lived with her as her full time carer when she died she left it to myself and my brother we wre also excecuters of the will, i want to stay in the house and buy my brother out am i liable for all legal costs or will he as a seller have to get his own solicitor. Also would it be classed as a first time mortgage that i have to get
My father died and left the house to my sister and in the event of Her death it’s goes to her siblings. We have concerns about the validity of the will as it was done in the absence of us. Can my sister sell the house or change the original will ? Has anyone experienced this ?
@Alliboo. You should be able to come to some arrangements with your brother over costs, in the absence of a probate solicitor (who would be able to advise you). The fairest thing to do would be to each pay your own (ie. those of vendor and purchaser) legal costs. If you’ve not had a mortgage before, it will be classed as a first time mortgage for you.
@Djones. Get the Will checked out by a solicitor if you’re unsure of its authenticity.
My dad has not made a will, and has terminal cancer. One of my siblings has lived with him for about 30 years on and off, and assumes my dads assets will be automatically theirs. I will have to challenge this as my dad owns his house with no mortgage. However, I might have a fight on my hands and don’t cope with stress well
My father is dying and his house is paid off, it was to be left to me and my only son according to him, following a stroke he turned on us and has told people he’s now leaving it to his drinking partners son, in the event of his demise do I have a claim on the property over anyone else, I am his only child. I read that children cannot be written out of a will is that correct? Bewildered Daz
You would have to make a claim against the estate if you are left out of the Will. You must do this within 6 months of the grant of probate.
we sold our property about 12 years ago when my mother had a severe stroke and we moved into my parents council house with them and used the funds from the sale to buy the council house but in my fathers name, both my parents have now gone and the property was left to me and my husband in my fathers will. we are still living in the property but are now thinking of down sizing and are unsure what we need to do to sell the property. my father has been gone for about three years now. nicky
If the property was left to you in your father’s will there is nothing to prevent you from sellling it in the normal way. Speak to your council’s right to buy officer to be sure.
My mom has a flat in Dhaka Bangladesh,but her brothers aren’t letting her to take the flat,from last 5 years lhey are saying 1 more year is needed to pay the home loan…will she ever get her flat??& in her absence will I be the owner??what is the way to get the flat in my mom’s hand
My mom passed away a few years ago, in her it states that her boyfriend can live in her house until he chooses to leave or dies, and the the house is signed over to me and my brother the house in the excites names now which one is my moms cousin and the other is his brother, will we still get this house or can the boyfriend contest it as he had lived in it now since she has past which is around 8 years
My mother passed away in 2012 and left me the house in her will which I still live in now. Due to always working away I still haven’t contacted the solicitor to inform them of anything. What do I do to put the house in my name as I am looking to put it up for sale soon???
When the estate went through probate, your solicitor may have done this for you. You will need to check with the probate solicitor.
My grandfather passed away last year. His house has been left to my father as part of the residuary estate. My uncle has learning difficulties and lived with my grandfather in his house for over 30 years. My grandfather’s wish was that my uncle be moved into a special care home, rather than remain in the house. My uncle does not have capacity to make the decision for himself, and my grandfather’s wish was verbal and not entered in the will. Social Services are pushing for us, as a family, to allow my uncle to stay in the house. We won’t be liable for the 24 hour care costs he needs but will be liable for all other house related costs and admin. My father wishes to sell the house. Do Social Services or my uncle have any claim over the house/can they prevent my father from selling it?
No your father cannot be made to keep the house for the uncle’s accommodation unless specific details were included to this effect in the Will.
Hi. My grandad died last year leaving his estate to my dad, his brother and sister equally. My grandads property is currently being lived in by my uncle. My grandad was in a nursing home before he passed away. My uncle wont move out. The 3 beneficiaries are also the executers. My dad wants to sell the house. Does my uncle have any right to stop the house from being sold. He is not paying any rent.
Hi My son was left money that he was to inherit when he reaches 25 how long after he reaches the age will it take to receive his money Thank you
My son age 39 lives with me has done for the last six years if I die can he still live there,I own the house outright.I have no savings my daughter lives abroad and is okay with thisC
Why not create a Will with the details of your wishes? The general rules of inheritance in the absence of a Will, are that (in the absence of a spouse) the estate is shared between any children.
My mum as just died. There is no will and I am the only child. Even though im 51. Is it a legal requirement that I have the deeds of the house put into my name. Cash is very short right now and I was hoping to do it at a later date. Any advice is welcome.
You will automatically inherit the property and any other assets as the only child (if there’s no Will). You can choose to do what you like with the property once probate is complete.
My uncle is looking to sign his house over to me what is the process and how long does it take to go through..will it cost me anything
Myself and my three sister have been left my mother’s house and funds. My three sisters have been named administrators and are keeping me in the dark as to what is happening. I live abroad and have strained relationship. Can they sell the house without my permission and do I have any rights.
Transferring property in this way is by “Deed of gift” – it’s easier to ask a solicitor to do this to ensure it’s all done properly with independent witnesses and to ensure the land registry is notified etc. We don’t know how much a solicitor would charge for this service unfortunately but it’s better to “shop around” before proceeding. The Land Registry fee will depend on the value of the property so could be anything between £40 and £250 by post or £20 to £125 using the government portal.
Ask a solicitor about this as you have not told us who the executors are etc.
My dad wants to leave his house to my sister will she incur any charges. He owes less than £1000 on mortgage and can our siblings contest his will
Depending on the value of the estate, she may be liable for inheritance tax. Any charges made (e.g by a solicitor, or in having the property title changed) will normally be taken out of the estate, but might be payable by your sister if there was no (liquid) estate from which to take it. Yes your siblings (as blood relatives), could try and contest the Will on the basis that the estate would be shared equally under usual rules of inheritance where there is no Will.
My grandads died leaving a large sum of money and his house in his will he states his eldest to be excecative to his will he states that the house is to be sold and split between his 3 children but because his son is deceased ( the reason the will was amended ) his sons share is to be split between his 3 children Th house was valued at &110.000.00 because they wanted it gone it sold threw auction a cash buyer for 75.000.00 the buyer also payed 6.000.00 cash for aution fees the 3 children who are to share the deceased share have been sent a cheque of 5.000.00 each so if the 3 children have £5.000.00 each that is only £45.000.0 if shared equal with grandads house leaving £30.000.00 they say they have receipts that they spent £30.000.00 while selling the house grandad has been dead 13 months is this possible and why wasn’t bills taken from the large amount of cash that was left grandad had no debt and payed everything religiously do I have any wrights as to y £30.000.00 has been taken from Th sale of house befor it was shared
I have recently inherited a property and as I was executor I applied for grant of probate myself. Do I need to change the name on the deeds and do I need to notify any other persons that the house is no longer in the deceased`s name. I am the sole beneficiary
I have recently inherited a property. I saw to probate myself. Do I need to change the name on the deeds and do I need to inform anyone else. I am the sole beneficiary
My mother died last year and left everything to my dad. he remarried after my mom died and they were married for 8 months. my dad just recently died. he left his estate to me and my brother 50/50. My mothers name was on the mortgaged home they had and after my mother died he refinanced it while he was married. He did not put his new wife’s name on the loan and she signed a non-purchasing spouse agreement. me and my brother planned to take over the loan payments and move into the house. She is living there, what rights do i have to live in the house and to get her out.
If she doesn’t agree to move out, you can apply for a court order.
My nan died just over a week ago and her partner and her had split and he moved out few weeks before she died. His daughter took all his belongings with him and they never came back for anything else. Few days after she died she claimed there was more things in the house that were her dads but we know there is nothing of his in my nans house of his but she says she will get a solicitor and has rights to money and items in the house but he owned nothing? What’s right?
No he has no real rights to any of your nan’s property or belongings if they weren’t married.
My dad died 8 years ago and he lived with my step mum but wasn’t married. They co-owned a house together and my half sister moved in with my mum after he had died. Now I have just found out I was left a share of the house (a quarter) when my dad died. Should j have been told this at the time of his death? Where does that leave me now they want to sell the house?
My mother passed away in May. In the will her estate was left to me and I decided in order to maintain it a reverse mortgage was the way to go. Should it take a long time to switch ownership of property to me?
My mum died last month and left her house to me, I’ve been living in the house with her for 10 years, will I have to pay inheritance tax on the house even though I’ve been living here myself for 10 years? I don’t really want to sell the house but am guessing I might have to if I get a large inheritance tax bill?
Yes it’s likely that you will have to pay IHT – £325,000 of the estate will be tax free.
Hi my partner died about ten years , we had two boys together my partners mother is still alive she has said that she wants my boys to have her daughters (my parnter)share of the house she has not written a will ,but my parnters mother has two more children and they are saying that they will get my parnters share which one is right kind regards scott
I inherited my dad’s house 3 years ago and have lived in it for about18 months. I havent put the deeds in my name yet. I want to give my daughter my own house which she has always lived in. The deeds to this house are in my name. How do I do these transfers without paying cgt.?
You should really seek advice from an independent financial planner on this one as they will be able to take a look at the whole picture and establish both IHT and CGT liabilities.
My Dad died a year ago leaving no will, I have always lived with him since I was born & Dads partner (unmarried) there are no debts or mortgage, my sister died before my dad & ive found out her child my nephew is intitled to my sisters half, will I be forced to sell the house even though I still live there with my Dads partner, in other words will I be made to sell my home & become homeless albeit with some inheritance
My nana died two weeks ago, my mum is the only name on the deeds of my nanas house. On the will it states real and personal estate, so does this mean the property is my mums or not?
My wife died in August this year without leaving a will and I am now awaiting probate. She has a quarter share in the family home which I will inherit, there are no other debts or monies to worry about. What is the procedure to transfer the share into my name.
My Aunty passed leaving her property to her two sons! They put the house up for sale and before it was sold, one of the sons died! Does the property automatically go to the surviving son (survivorship law) or does the deceased son’s half go to he’s wife?
Half the property belonged to the son, he died, so his half the property goes to whoever is name in his Will. If he had no Will it goes it his spouse (if it’s worth less than £250,000)
Hi my mum died and left her house free of debt to my sister and myself. When do we become home owners? Just in relation to a loan I want to apply for.
My mum has died .my brother is on the deeds as co owner and says property automatically becomes his is this correct?
There are two phaThis depends whether he is “joint tenant” or “tenant in common”. If your mum and brother were joint tenants then yes the property becomes his. If they were tenants in common your mum’s share of the property will be part of her estate and will be inherited by whoever is in the Will.
Question my grandmother who is still living and has 2 sons still living willed her house to my dad who is now passed and he in turn had it willed to me now question is can my grandmother change the original will as to who inhearts the house or if she gets to where she has to go to a assistad living center can it be changed where the house can be sold to pay off all her debts
Yes if your father died before he could inherit the house still belongs to your grandmother and can be taken into account if she needs to pay for care.
My uncle has just died he owns the house as tenants in common with my aunt 50% share each. Uncle left his 50% share to be split equally between my sister and myself as his nieces there is still an outstanding mortgage of around 30000 left to pay over the next two and a half years on a house valuation around 220000 my aunt only has the state pension and cannot afford the monthly payments my sister and myself would like to remortgage our share of the house to pay off the mortgage and some other debts so that she can afford to remain in the house ideally we’d like to do this on an interest-only mortgage over a longer term basically until she either dies or sells or goes into care and we sell up and pay remaining balance would there be any problems with this? we both work with good incomes have other mortgages and a loan of this amount should not be a problem.
My partner’s father died on 1/12/2016 and he left a will naming his three children as executors, of which one was my partner. He left his 3 acre small holding to my partner on condition that he paid his brother £50.000 to his brother within 2 years of the date of his death. The solicitor says that my partner cannot move in until he has paid the money without the consent of the other two executors, who have also been left things in the will. Is this a correct matter of the law.
Yes, if inheriting the small holding was a condition of paying the £50,000 then he should pay that first.
My mother recently passed away. Last year she signed over the house to my younger brother to avoid paying a large credit card debt. The will does say that everything should be divided equally but excludes any property “disposed of”. Does that mean my younger brother is entitled to 100% of the profits on the house?
My husband and his sister have inherited their parents house as per the will states. His sister has been living in the house and has changed the locks and my husband has had no access to the house. His sister did this without telling him and his belongings were still in the house. We have hired a lawyer but only thing that we were able to get were his belongings. Does my husband have the right to charge her rent as his residence was at this house until she changed the locks. Thank the lord we were dating at the time she changed the locks and I had my own place and he was able to live with me but paid part of the rent.
My dad died leaving no will and has a house (in his name as was my grans) which his unmarried partner is living in. There’s myself and my sister who stands to inherit the property which we will need to sell off to pay for dads previous mortgage arrears. However how do I get the property as the partner is still in it. Many thanks
You need to find out whether the partner is a joint owner , a tenant in common or was simply living there. If the unmarried partner has no claim to the property, you should seek professional legal advice as to how best to evict him or her.
My grandparents have left me their house in their will, it was in separate names, my grandad passed away so his half is in trust. My nan is still alive and now unfortunately in a perminent care home. I have POA and applied for court of protection, I would like to move into my grandparents property but am unsure if this is permitted or how to go about it. Any advise ?
I was wondering my mother bought her council house and dad was there she died sudden and then dad died I am now left with the house what do I do there was no will
If there is no Will, the children inherit the estate which will have to go through the probate process. A solicitor will be able to help you with this.
Before my dad died he told my brother and I that he left he’s half of his house to us now his wife has died we found out the house was put into her name in 1990 , can any help as to where we stand as we don’t know where his will is
Hi my mum passed away July 2016 and I was staying with her in a rented council house and now I have signed a new tenancy in my name and all the contents I was left with also there is a garage and a tool hut I want to know does all this now my belongings or if I sell any thing do I need to share it
The property was rented so that does not form part of any inheritance. Usually, in the absence of a Will and no spouse, any belongings/money should be shared between the children of the deceased.
My grandparents have left me their house in their will, it was in separate names, my grandad passed away so his half is in trust. My nan is still alive and now unfortunately in a perminent care home but it’s funded, I have POA and applied for court of protection, I would like to move into my grandparents property but am unsure if this is permitted or how to go about it. Any advise ?
You’d really need to get professional legal/financial advice on this. If you have power of attorney, you’ve effectively got power to make decisions about the property so in theory, you could decide to move in on that basis, but you would need to get this checked professionally.
Hello, my father and brother owned a house together as tenants in common with unequal shares, 30/70 respectively. My father has passed away and left his 30% share to me in his will. Can I now move into the property? I’ve told my brother I intend to move in to the house but he doesn’t want me living in there with him.
You really should seek legal advice here. In general a co owner (tenant in common) has no right to remain living in a property unless a separate agreement is in place.
Hi my father passed away me and my sister are executors he left house to us but my mothers name is still on title deeds they have been separated but not divorcedfor 26 years what do we do
Me and my brother inherited a property, my brother is now living in it and sorting a mortgage out to give me my share of the inheritance, could he live there without giving me this payment long term and end up with the property being entirely his?
Not if you have documentation to say otherwise and you make sure you do not agree to a long term stay. Perhaps you could negotiate a rent payment for your half?
Please help ! My mum recently passed away she left her house and all belongings to me, the house was owned by her alone but my step dad does have the right to reside there until he dies, remarries etc. He has changed the locks and wont be me get my mums belongings out, what can I do ?? There is no help online for this kind of problem, I have tried the police they are not interested and citizens advise could not help
My dad inherited 12 acres he put my stepmother name on deed. Dad died later my step mom died no kids together who gets the land ,she had 5 when she married my Dad. He had 2 kids this is in tennessee. HELP ME FIND OUT PLEASE
Hi,I’ve lived 46 years with my parents up until they passed away,mum 5 years ago and father in June. I cared full-time for both in their latter years,there was no will made by either so me and my sister each received 50%,now sister wants her share of the house and is the process of estate agents involved or me giving her the market value for her share of the house(so much for family rate). Could someone let me know where I stand on this please!
We don’t know what the legal position is but if there is a Will saying you are to inherit the belongings then your solicitor or the executor of the Will should be able to help.
We don’t know how it works in the USA, but here in the UK your step mother would have inherited the property when her husband died. If she leaves no Will when she dies her own biological children then inherit.
Hi … my step mother has changed her will without my father knowing. She has left her estate to her children. Will my father be forced to sell his home and have to pay his step children their inheritance … or will he be allowed to stay in the home until he dies and then monies paid out accordingly. Would you advise me to tell my father of my step mothers actions? Many thanks for your help
This is the usual procedure for a 50/50 shared inheritance unfortunately.
He may be able to contest the Will if it seems unfair. If he is a joint owner (joint tenant rather than a tenant in common) this may not be needed as if one person dies, the remaining owner automatically becomes the owner of the property entitled to deal with it as they please and if sold, will receive all of the sale money.
My brother lives with my mother and wants to sell the house (mortgage paid off by them and my Brother’s ex partner). My mother wants to leave the asset to him and his ex partner even though I had paid my mother a monthly sum to help her pay her 65% share of the mortgage. Even though I wasn’t named in mortgage or have anything in writing do I have a claim on the asset?
My sister and I have cared for our 94 years old mum for more than 40 years. She now has advanced Alzheimer’s and needs more help than ever. She lives in her own house and has made a will. We have a brother who has lived abroad for most of this time and has recently been divorced and has nothing to his name. He wants to come back to UK and live with mum and pay one of her bills so he can get a bank account. But, if mum dies whilst he is living in her house will we have problems if he won’t move out. We have advised him that she will lose her single status benefits if he lives with her and that she gets confused which is so unfair. Help
My father purchased a property and immediately transferred 80% to me via title deed. I then cared for him for several years until I could no longer cope and we sold the house to enable him to enter a nursing home. On sale I had my 80% share and the remaining money went into my dad’s saving account and some of this money used to pay fee’s for home. My father subsequently passed away and the will has just been made available but because he had written in his will that his share of the house was to come to me they are saying that because we sold the house this is no longer valid? It was my dad’s intention to leave this to me and the only reason he didn’t give to me at the time was because if anything happened to me while he was still alive the money could be frozen pending my will/probate. Is this correct, do I have any recourse?
Who is trying to claim the money? Sorry it’s not clear. Does the nursing home want as payment for his fees?
Mum and dad owned house (tenancy in common) and when Mum died last year she left in her will her half to us, her kids. Land registry changed to our names so we now co-own the house with our dad. He is alive and will continue to live in the house. My question is, does the inheritance tax on what is now our inherited half of the house have to be paid already at this stage or can it be left until such times as dad passes away and then dealt with? Or if we leave it til then, will we be penalized in any any way?
My partner and I aren’t married, we have one child. There is no will. I know I have to rights to any if his estate if he dies and it will all pass to our daughter, she is a minor and will be for some time. If the house is in my partners name only what would happen? Can we still live in the house or would it have to be sold and the money held in trust for our daughter? Also can I be her trustee or must it be someone independent? What would happen to money in a joint account would have become my daughter’s? Thanks
Yes you will pay IHT on an inheritance threshold of £325,000 per person, you pay 40% of any value over that threshold. If IHT is due it is payable within 6 months of the end of the month in which your mother died. If you can’t sell your interest in the estate (i.e there’s no cash in the estate at the moment), you can arrange to pay the tax in monthly instalments over 10 years (interest will be payable).
It would be easier to write a Will together with your partner, so you would know about all this in advance. If there is no Will, the estate does not automatically go to the partner and you might need to go through the courts to resolve this and ensure you are provided for. So a Will is the best approach and will save you money and hassle in the long term.
My father passed away last june, what rights does his [partner have as she is living in my fathers property. I have been left half of his estate which includes the house,
Hello, My grandmother died and left her house to my uncles who lived there, one of them died 4 years later and did not make a will, the other died two years ago and did not leave a will, but left a lot of debt. Did my mother inherit 25% of the property on the death of the first of her brothers?
My husband has been named to inhearate all hid dads real and personal property. His aunt D is named executor . she says there is like 13,000 debt owed for funeral and a small personal loan the home is paid for . my ? Is can she sell the house if we want to live as permenat residence . and can she keep us leagaly of property. I am trying to get up the money owed if and when i do can I pay debt and it all be done to finish he passed in Nov. 2016 .
It is the responsibility of the executor to pay for any funeral expenses and outstanding debts etc from the estate before any of the remainder is distributed.
I live with my long standing partner (unmarried) we have one child (she is 24) together .He has a child from a previous marriage .We live together as a family of three ,the house has only my name on deeds .If i die will the house be automatically passed on to my daughter there is no will
It should do unless your partner applies to court to claim that he has made financial contributions towards the property and there is a dependent child in the relationship/property. You should make a Will if you want to make specific arrangements.
I moved into my mother’s house 10 years ago to care for her. Her will leaves property to me. Property worth about £195,000. Will I need to get probate. She has no other money or property.
Hi my cousin lived with my auntie for over 10 years, the house and everything was left to my cousin and now auntie has passed, the house is valued at 485,000 will my cousin have to pay IHT ?
My parents set up a Discretionary Trust as I am on means tested benefits . I am main beneficiary of trust followed by my brother . In 2008 my brother who is a chartered surveyor valued my parents house £185000 . The house has been left in parents will as equal to both siblings The trust now owns 50% of property and my brother refuses to permit me and the trust to rent to house as equal partners . He wants full control and wants to buy trusts half share . He offered £300.000 paying trust £150.000 after trust acquired 3 valuations . My brother has agreed to pay all the trusts CGT and up to £1000 of my legal fees However if I refuse to sell my share he can take the trust to court and force trust to sell its share and request trust pays all his legal costs ! If we sell trusts share : trust will not be able to obtain any future capital gain to match renting out the entire house and I feel my brother is taking advantage of my situation as I am disabled and weak living in a rented council fkat on means tested benefits that will stop as soon as Trust inherits funds ! Then it will take one year for the trust to challenge DWP as a Discretiobary trust is not permitted legally to disperse payments for my own living expenses rent poll tax ! So I will need to find a way of paying my expenses until litigation is completed . The trust will not be able to be reimbursed any legal costs either . So it seems I am being pushed into a corner by a sibling who is a millionaire in his own right . I ask if I insert an anti embarrassment clause that the trust should receive 50 % after expenses from my brother if he rents the house or same if he sells house within 6 year period , would this be an option ? Or he could just refuse to agree to this and take me to court Welcom advice here
My father died and his will was split between myself and my sister, if I died a few months later would my sister get the lot or would my children get my half
My sister in law willed her house to her two sons one brother died what happens to the property does the deceased brothers half go to his daughter
Assuming she is still alive, she could change the Will, if she can’t/doesn’t do this then the gift made in the Will “fails” because of the death of the legatee (your brother) before the person who made the Will (your sister in law). The property “falls into residue”- his share of the property might then be divided as if she had died intestate, meaning his offspring would inherit. You might like to check this with a legal professional to be sure.
Hi My dad has just passed away and he lived with his partner not married and they owned a house but his name was not ok the mortgage but he put the deposit down and made payments every month for about 4 years, I am I entitled to any share of this house??
My father recently passed away and he owned a house with his partner not married he payed towards the mortgage each month and paid the deposit for the mortgage am I entitled to any part of this house ??
I lived with my grandmother for several years before she passed now the hospital wants to sell the house to pay bills that me and my whole family think she would not have incurred if it wasn’t for their mistakes. Do I even have a leg to stand on or should I just let them have it?
Hi my mum has not long passed away and in her will she left me everything including the house which I lived in as well as her carer. I have lived here nearly all my life a part from a few years. I am the only child. I have no intentions of selling or moving out. Will I have to pay inheritance tax? The house is worth more than the allowance, my dad died 9 years ago did they have allowances that would go towards the value of the property as I know nothing about any of this. I’m worried as this is my home and don’t want to lose it. X
My mother has made a will which of which my sister and I are the Trustees and executrices. It states all her possessions and estate which includes her property is to go to me and my sister for us to “sell and/or retain all or and part and I DIRECT THAT MY TRUSTEES Shall stand possessed of my estate and divide the same into two equal parts”. As it says everything must be divided into two equal parts To achieve this , I believe the house would need to be sold, but my sister is saying she doesn’t want that. So what happens in a situation like this? She doesn’t have the money to buy me out so would I need to obtain a court order to enable the house to be sold? Or would the house be put into both our names? I don’t want this. I just want it sold and for me to get my share as my sister and I do not get on and owning a house with her just would not work.
You father’s IHT allowance would also count so IHT would only be payable on an amount greater than £650,000. New rules from last month (April 2017) allow an extra £100,000 if the property is passed to a family member. If the value of the property plus any additional finances/assets is greater than £750,000 therefore you will need to pay tax on anything above that amount.
No if you can’t agree, the house would have to be sold and the proceeds split.
Hi, I’m due to inherit my parents house along with my brother once the time comes. I’m just wondering if my husband is entitled to my half too? It is only my name and my brother’s on the will but because I’m married, does that mean i have to share any profit from a sale with my husband? Thanks in advance
You can do what like with your inheritance. If you get divorced it will be considered in any sharing out of marital finances etc.
My brother and I are named on the deeds to my mother’s house. The executer is my Husband. He has to make sure all debt is paid before the house can be released is this correct. Or because the deeds are already in our names can the brother go ahead and enter the property. All goods inside belong to me it is in the will.
My dad passed away last year .in his will he left the house to my brother to live in as long as he’d like .but if he sells it or passes any it will be slit between myself brother and nephew and niece . He has decided to marry would his new wife be entitled to the home if he died before her or will it still go as dad wished
Hi there. My husband and his mum inherited 25% share each of his grandparents house when his grandad passed away 8 years ago. His grandmother has now recently passed away and so he inherits another 25% each and so does his mum … would they have to loose 40% if this over 325k or should they get some carried over allowance or something ? Sorry I’m not in the know I’m afraid and it’s so confusing ! Thankyou
My great uncle left me a property a few years back. As my aunty outlived him he made it clear that she can live out her days in said property. Recently she has been moved to a home so is no longer a Tennant. She is also not in sane mind to make her own decisions. I have received a letter from the director who has been appointed. He seems to indicate that the house may be sold in the foreseeable future. To pay for potential costs of her care. I have reason to believe she still has funds available to her. Should I be worried that they’re going to try and rack up her care bills to the point where they sell the house and I’m left with potentially nothing? Would I benefit from seeking formal legal advise and somebody to fight my corner for me? Would it be worth doing? Or is it out of my hands? Thank you for any responses.
The part of the IHT allowance that went to your husband and his mother (the grandchild and the child of the deceased) cannot be transferred. A financial adviser will be able to tell you how much tax is payable (we can’t help as you haven’t given us the value of the property).
Get a solicitor to check out the paperwork and the details of your uncle’s Will. If he left you the property, was it not transferred into your name etc?:
My mum died last year with no will my dad got all her money now he wants to sell their house will me and my brothers be entitled to any of it?
Not necessarily – it depends on what it’s worth. When a spouse dies, the other spouse inherits all the assets (including property), up to £250,000, and all the personal possessions, whatever their value. The spouse also gets half of whatever remains of the property value after that and the other half is divided between any children.
I have lived with my parents all my life.my mother died in May and my father died last month and left the house in his will to me and my 4 siblings with the previso that I can still live there as long as I want. My eldest sister is constantly mentioning money and I get the impression she wants to sell the house. Will any of the siblings be able to sell the house while I live there. I have taken on all the bills and as the house needs extensive repairs will have to pay for those too. Where do I stand?
If the Will states that you can live there as long as you want, then that’s what you can do. If you’re unsure, you can get a solicitor scrutinise the terms/conditions in the Will.
My mother passed away 5 years ago and her house was left to myself and 2 brothers and 2 sisters in her will . Her husband at the time was able to stay in our now property until he passes away or chooses to move , He passed away nearly 3 weeks ago and was laid to rest yesterday . We have not been able to get any communication from his children about clearing the house and handing the keys over ,. Can we go in and change the locks ? Do we need to do a letter of intent ? How long do we need to give then ? Following the wishes of our mothers will the house is to be sold . Also all upkeep of the house had to be done be the husband ( in the will ) we need to sort out the garden and the outside of the house will need to be painted , not sure on inside as we have not entered property yet . Do we bill them now for any works needed doing before the sale of the property . ? Please help I’m executor of mums will along with my sister who has now gone on holiday for two weeks .
Were your mother’s children left any possessions from inside the house. Why would the children be responsible for the costs of any work needed to get the best price for the property? Sorry, you should really seek professional legal advice to sort this out as we don’t have enough information.
my fiance and I lived together 8 years in total 2 yrs at another property of his. and 6 years at our current home. we have a 28 year old daughter who has lived in another property of her father’s for 6 years with our granddaughter my fiancee owned 4 properties in total but shared all 4 deeds with his mother (joint tenants. rights of survivorship) my fiancee made a will naming our daughter as sole beneficiary of entire estate. he died July 7th 2017 and was buried July 16, 2016 one week after funeral his mother and brother came to my door and started the *you have to move now we want to sell. these 4 houses are our property he is dead* today is 43 days and they are becoming very aggressive I asked for a little time because I am a waitress with very little income the death was very sudden he was 52. they told me today I have 7 days to get out and they are going to take our furniture because anything they want they are entitled to. I live in Pennsylvania. any advice is much appreciated. can they lock me out in 7 days. I’m worried
My father passed on feb 1st of 2016. He left me his house, free and clear, all paid for, in his will. I also own my own home. Do I need to do anything with the deed to his place, or just carry on and rent it out or sell it?
Yes, the title will need to be transferred into your name. We’re assuming, you may need to go through probate, so check that out first. The executor of the Will, can transfer the property to you using what’s called an ‘Assent’. The executor should submit an Assent form to the Land Registry details are here, with a copy of the Grant of Representation (proof that they are entitled to deal with the estate). The Land Registry will then transfer the property into your name.
My brother and I have just been left our moms house we have got the will and house documents it is paid for and worth about 140 thousand can we just sell it or do we have to go though probate??
My mother died in a home last week. I have enduring power of attorney stamped by the Office of the Public Guardian. I am the only beneficiary and executor of a very simple will leaving me the proceeds of the bungalow, which is valued £180,000. Her total cash assets is less than £3000. So no inheritance tax. The bungalow was on the market before mum died. Can I carry on with it on the market so I can eventually pay the care fees and do I have to go through Probate? Thank you
Yes you will probably have to go through probate in this instance.
You might have to get a solicitor’s opinion on this. The estate will need to go through probate because of the property. To execute the terms of the Will, the title deeds to the property might need to be placed in your name before it can be sold again (do check this with a solicitor though).
My father died his brother took off to Canada left his mother in a home took me 5years to find her an I right in saying I would inferit my dead fathers share
If there is no Will, the estate split between any spouse and the children. If there is no spouse, the estate is split between the children (and grandchildren if there are any predeceased children)
My father passed away on 2014 and left is house (will) on my younger brother name. My father was ill and I was living with him for 38 years and was his full time carer My father told my brother not to sell the house and if he did then to give me my share from it. When my father died in 2014 My brother evicted me from my fathers house and made me homeless. Can you please advice me what I can do regarding my share
Was there a condition written into the Will that you were to have half the value of the house when it was sold, or was this just something your father told you he had asked his son about? You may need to see a solicitor about this. If there’s nothing in the Will, it will be very difficult for you to claim anything without going through the court process.
Good Evening. My mother died recently in September 2017. Her will stated that she left half her estate to me(her only son) & half to her two grandchildren. She has no debts but also very little cash assets either, house is mortgage free. Her solicitor is the executor of her will. He seems to be going down the route of wanting to sell the house. However it has doubled in price from 2010 from 210k to 425k in 7yrs. I do not want to sell the house but I also do not want to move into it either & I would probably like to rent it out. However if it needs work or repairs I do not have the cash to spend on it either & my credit rating is poor. Can you advise do we have to sell the house or will we be made to?
My mother in law passed away about a month ago. I’m the executor of the will. The house was to be left to my husband and brother in law 50/50. My brother in law wants to buy my husbands share of the house and live in the house. After obtaining probate what do I need to do next. I’m doing the probate application myself and then thought we would engage a solicitor to sell our half the house to him. it’s mortage free and i have the deeds.
Ny wifes mother left her and her sister the house. The will states that her unmarried partner is allowed to live in the house until he dies. Can they get him out as they would like to sell the house?
My father has died and a will in place from many years ago when he previously owned another Home to be left to my sister who since this will was written she has sold it to myself there is no current mention of my fathers current dwelling house in the will does she now receive this under Scots law or does this become a part of the estate? She thinks she can change the address to the current one and have that
A solicitor would be best placed to answer this question. Without seeing the Will and establishing why your sister was already in possession of the property (to be subsequently sold to you), we can’t really help.
My grandmother and i bought a house in joint names from the council.The mortgage was paid off many years ago and we got the deeds of the house. She has since died and the deeds are now in my possession, do i need to do anything with them or are they ok as they are if i sell the house.
You should complete a “Deceased Joint Proprietor” (DJP) form and send it to HM land registry to remove the other name from the register. You will receive a new title to keep with your existing documents.
My mother has a house as tenants in common with her husband. She has put in her will she wants to leave her share of the house to me and my sister. She wants the house sold on her death so me and my sister can have her half. Her husband is arguing this as he will still be living in the house and says he has seen a solicitor and will fight it. Where does my mother, me and my sister stand?
Assuming they have equal shares in the property and your mother has made no provision for a “life interest” to enable her husband to continue living in the property then he would usually have to sell the home in order to fulfill the requirements of your mother’s Will.
My sister as been told she as to leave her home by September 2018 ,she as lived in it for 51 years with her husband who died September 2017 , apparently he bought the house forty odd years ago in his name only , he made a will on his deathbed with a solicitor and no provisions for her but left the house to two of their nine grandchildren. They had 4 children together, the youngest still living at home with his mum . The house was originally rented from the council then purchased , i think she as rights ? I am also surprised the council would have sold the property to one tenant only , I find it difficult to interfere as family but told her not to leave her home . Thank you
Our mother died in February leaving no will her estate only consists of the family home (no savings) which our youngest sibling still lives in.We (three ) other siblings unambiguously want this to stay the same how do we go about putting this in place in legal form ?
You may be able to do this via the usual Probate process, but consulting a solictor would be the most straightforward way to find out.
I was contacted by bank trying to trace my exhusband. We divorced many years ago. My daughter was born to my new partner before divorce was finalised and my daughter had to have my ex’s surname on birth certicate. Would she be able to inherit from ex’s estate?
If your daughter is the bioligical child of your ex husband, she could inherit in the absence of a Will and any other children etc. If she has your ex husband’s name on her birth certificate but is not his biological child, there’s always a danager this could come to light (and it’s also fraud, so you should take steps to amend it).
My mother has recently passed away and she has stated in her will that her 6 children are to receive 1/6 of her estate each my one brother still lives in her house (who’s 60 years old )and wishes to remain there for a further 2 years me and my youngest brother want him to leave within 12 months as we know he will not pay any of the bills and will not look after the house please advise as to where we stand my other sister is executor to the will and wants him to stay in the house and for all of us other siblings to hand over our share of the will to him he has lived in the house for 17 years mostly rent free (60 per week) the mortgage is paid but the are still household bills to be paid which he is to irresponsible to pay and he is now going away for 2 months on holiday is it the executor responsibility to make payments for bills to be paid
This a question of ethics/morals really, so we can’t giv good advice. It’s up to you and your siblings to agree this between you. The executor does have to settle any debts that were in place before the person died and it is the executor’s responsibility to ensure the Will is carried out according to the wishes of the deceased. The beneficiaries can however, agree not to dispose of assets…but if you’re not all in accord this will not be feasible.
My mum died just over a year ago and in her will it states the house is split between me and my brother, but her partner can stay in the house as long as he needs to without making any major changes to the house. I was living with my mum up to 2 months before she passed when I was forced to move out with my new partner. When my mum died her partner changed the locks so I couldn’t get in. I wonder where I stand and if he can somehow claim the house?
He shouldn’t be able to do this, but it’s definitely worth your seeking professional legal advice on this.
I hav 6 brothers but one of my brother and his wife r dead but I m the guardian of his only daughter n we have our parents property how much ownership of that girl in our joint property
My sister in law left money to my husband her brother if he had passed away the money was to pass to me unfortunately my husband has already passed away we have two children my daughter thinks the money should be divided between three of us but this is not stated inthe will. The will was made inthe USA Please helpThankyou
My father recently passed away and has left me his home, which is mortgage free and full of furniture and personal possessions. He left all of his money to his daughter and her sons. His daughter is now trying to claim 50% of the possessions in my new home, but my stance is that the contents were left to me when the house became mine. Can you please tell me who is entitled to these contents if they were not specified in the will? Thanks
Who is the executor of the Will? Who receives the possessions, will depend on how the Will is worded. It may be worth asking a solicitor to help with this if you can’t agree. Don’t forget probate is needed if property is involved.
My father passed away and through probate the house went to our mother and me and my two brothers. My mother signed her share to one of my brothers, with my eldest brother and I having 5% each on her death. My mother passed away June 2017 and my brother is now selling the property (his name on the Title). We have only been communicating through solicitors. As our 5%s are from my late father’s estate, how do we obtain these from the sale of the property and could he just disappear with our inheritance? Do we just have to trust him to give it to us?
Hi I have a quick couple of questions, I rencently received a letter from a research company to trace me to inform me my grandmother passed away ( she never wanted anything to do with me). My father had passed away previous to her and I am now entitled to 1/4 if the estate . I got the lawyers letter saying only to fill in And send back if I don’t want my legal rights I.e the money . I just wonder do I have to do anything to say I do want it or will I just receive a cheque ? I have already been told what I’m receiving this is Scots law Thank you
Get you solicitors involved in this. If you are communicating via them anyway, they should be sorting this out for you.
We don’t know what the rules are about these research companies. You are entitled to the money, but if you don’t reply saying that you are who they think you are, then surely they won’t be able to release the funds?
Just quick, if a brother had inherited a house from estate is he entitled to anything else….. When there is four other siblings
If I build a house and my grandfather is in the deed and he dies will I have to split my house with his kids? He’s giving me part of his land and want to build a house there but he insisted on being in the deed and I heard if he’s on there it will have to be split between his kids even if the house is mine. True or false? I live in Texas
This depends on the terms of the Will. If there is no Will (and no living spouse), the entire estate is divided equally between all the children.
Sorry but we are UK based so can’t comment on US law related issues.
My mother had passed and I’m entitled through the Will to her Estate, am I duty bound to share it with my husband of 35 years?
My father died 22 years ago and told me that the house would be left to his wife firstly then splìt between us 4 children . He told me i had nothing to worry about everything had been sorted .His wife is now selling the property and i have been told i am no longer in the will just her children is she legally allowed to do this ?
In general yes you should. There are some legal complexities involved, especially if you divorce, so we suggest you contact a legal professional.
You should be able to get a copy of the Will to check this out. If the conditions of the Will have not been followed a solicitor will be able to advise.
My step father died and left his flat to me i have 2 step brothers..i am executor of his estate..can i go ahead and sell the flat? Im in Scotland.. Thanks in advance
My father died 10 years ago but never left a will. My mother then made a will despite me being her carer and also my fathers when he was alive to leave my brother everything after her death as she did not agree to me marrying my husband what are my rights. My father said the property after my motgers day was to be shared equal.
My sister lives with my father. She is 50, always refused to move out or to work (much to my fathers dispair). She is intelligent but not an easy person Im assuming that when he passes the property will be split 3 ways (between me, her, and my other sister..my other sister lives away from home). The property is worth about 800k so iht would need to be paid. I dont belive there would be enough other money in the estate to pay it. I am worried that inspite of this my sister will refuse to move out (shes difficult like that).. and wondered if me and my other sister take out an inheritence tax loan and my sister refuses to move out where would we stand? Im worried we end up struggling to pay the installments my sister would still refuse to move out. If me and my other sister couldnt afford to pay the installments is any inheritenace tax loan secured against the property and then my fathers property be repossssed? And my sister evicted? Or could they potentially go after my property/ which I have worked very hard for.
You need to seek professional advice on this really. Your father can take steps now that will reduce the impact of an IHTburden on you and also to ensure your sister knows she must move out of the property when it is sold. You can actually pay IHT in instalments over 10 years if a property takes time to sell. See this government page for more information
My father has died with loan and credit card debts of about £20,000. There is no insurance to cover these and I cannot pay these from my savings. There is an asset of his house with no mortgage. I want to keep the house for mainly sentimental reasons. Would I be able to get a small mortgage to pay the debts or would the house still need to be sold.
My partner has been left his dads home in arizona. Can he sell it if the title is still in his dads name and not my partners
My mother’s will stipulates that I inherit her house, but with the condition that my brother are allowed to stay there for life without having to pay rent, but he is responsible for property tax, water and electricity and general maintenance. What is the legal implications? 1) The house will be registered on my name – what if he does not pay the bills? Will I be held accountable and blacklisted? 2) Will I be able to also live in the same house, if I need to? 3) While my brother is still alive, will I be allowed to sell the property to get out of owning it? 4) What if he dies, can I give notice to his wife?
If my mother has been given her recently deceased partners house can she give it to someone else ( not for me I might add)
I am executor of my mother’s will. I am in process of getting probate to deal with the estate. My mother owned her property outright in just her name but does live with her friend. Her friend is listed as beneficiary in the will. The house will be put up for sale. What action do I need to take to get her friend to leave. Would I become their landlord? Thanks
My dad died and left house to eldest child with the condition that when she dies, the money is split between myself and sister (excluding) other sibling as they had their money already. Eldest child died (without a will) so money went to mum (no will either), who died soon after. Eldest sister got mum to sign over money to them to deal with before his death, now is keeping the money for themselves and not giving to myself or Sister. Does my dad’s original will stand true, or is there nothing I can do?
My father owns 4/5 of his house and his brother owns 1/5 of the same house. The house was originally my grandmother’s house and when she died, it was left to my dad and his siblings. My dad’s 3 older sisters signed their shares over to my dad, so my dad owns 4/5 and his brother owns 1/5. At the time my aunts signed their shares over, my uncle didn’t want to discuss it. My uncle has not be involved with our family in years and has never lived in the house, never made any improvements or helped with upkeep of the house, and has never paid taxes on the house. My father has lived in the house the whole time and has paid for all improvements/upkeep and taxes for the past 15-20 years. My father is dying of cancer and plans to leave the house to my brother and I. He and our mother divorced in 1991 and he never remarried. My father does not have a lot and therefore does not have a will. From what I have read and have been told, my bother and I will inherite the house when he passes. My question is, how do we get my uncle off the deed? And since my dad owns 4/5 of the house, it does still go to my brother and I rather than my uncle who only owes 1/5, correct? Also, since he has not been active with our family and we don’t know how to reach him, is there an abandonment rule for him? We live in Wisconsin.
I have the p.o.a over my mother’s things she passed away an had a home. She left the home an moved to another state so no one had or has permission but myself an my child to be there. In September of 2018 my drug addicted cousin an girlfriend were homeless an decided to move in my mother’s home. There is no power on no utilities never ever any kind of rental agreement. So me an my child have fallen on hard times an need a home to go to, I find out from a friend that someone is there at my mom’s home so I go down there an sure enough they are living there now I tell him me an my kid are coming to move in the next week an we go there today him an his girlfriend show up an threatened us law enforcement were there an told them they had to leave but I didn’t have the paperwork.. so my deliema is now that I can not find the p.o.a what in the world do I do now… Please someone help me
So I had/have the p.o.a over my mother’s things. So she has a double wide home I grew up in an she moved to another state she only gave me an my child permission to be on the property.. my cousin an his girlfriend were homeless an decided that they were just going to stay in her home an try to make it there own without permission from anyone. So I need them out an can’t find my p.o.a so with that being said there was never any rental,lease, or verbal agreement for them to even be on the property, there is no electricity,water no anything they are using power from his deceased parents home next door.. I need to be able to move in today what do I do??
My mother has just died, she lived with my two brothers, one who is disabled and needs looking after, her will states that my brothers can continue living in the house until they deem fit, if they wish to sell the house then my disabled brother is to have somewhere to live out of the sale and the rest is split 3 ways. Currently my brothers wish to continue living in the house with me overseeing the care of my disabled brother, we are all in agreement with this. Does this need to go to probate? Myself and my other brother are executers, does the house need to be put in somebody’s name or can it stay in my mother’s
My mother passed away Feb of 2018. Before she passed away she made me her durable and medical power of attorney because my mother and father are divorced and I am an only child so only I became successor agent of her estate as well as i inherit all of her property and possessions. My mother has lived in and owned our family home since 2005 by herself as per the agreement of the divorce. Just before my mother passed away my mother and my estranged father who was not in joint tenancy or any other capacity ….who had moved to oregon and been remarried abandoning my mother and her home ….they both before mom passed away also signed a grant deed to me notarized and fully legal….for our property and family home to become mine solely. To inherit the property. Now all the sudden my father is selling one of the two parcels I own. Because he has gotten into trouble in oregon for domestic violence , and he needs money for a defense lawyer . How can I stop this from happening . >my father is crazy and also a total belligerent alcoholic and drug addict who has always beat my mom And now his new wife too. My father should have no right to sell my property what do I do
My mother who is still alive put my sisters nane on her house. She has said she is giving her the house because my sister has never left the home and has helped ro make improvements to it. She has also said it is there states law that since she has occupied that home for 25 years that it is her home regardless of how I feel. I would not take the house if my mother passed, I just wondered if this is true. When I was asked about putting my sisters name on the house I thought it was so the state couldn’t get it.
My dad has been in a care home for a year and is considering selling our 40 year family home as it is just sitting empty. His pension pays for his care home fees. We (my sister and I ) are dads sole beneficiaries when he passes. Dad wants to invest his some of the proceeds of the house in property and has suggested that he becomes co- owners of mine and my sisters properties, approx 40% ownership in each (same monetary value), adding him to the deeds, then freeing up a lump sum for us to invest in our properties for extensions etc. How would this play out with his will and IHT? We also have the issue that we still have mums portion of property IHT allowance to use as everything went to dad when she died.
I have 2 problems first one my father left a will leaving me a 4 flat in Lakeview. Second my husband left me in 2014 . His attorney kept the case going to where I could no longer afford it. We will discuss details on both subjects . I am still married and have a special needs 26yr old son.
My granny just recently died and in my grandfathers will the house was to be sold and shared between my father my aunties and uncles when my granny passed away. Do they legally have to sell it? Or could my uncle who was a resident and carer of my granny stay and live there if he obviously paid bill etc?. Both my father and aunties and other uncles have there own houses.My grandfather built the house. If you get back to me id very greatful thank you
My mother has transferred her house into my name, so I presume I am now the sole owner. However my siblings say that because I haven’t owned it for 7 years they will still be entitled to a share of it. Is this correct?!
My mum passed away last year, my dad was struggling really bad so myself and my family moved in with him (5 of us) he is now really unwell. Where do we stand if anything tragic happens to him? The house isnt in my name, it’s in my dads. We pay all Bill’s, buy food and keep up the maintenance of the property. There is no mortgage on the house as this was paid off last year. Any information would be greatly appreciated as the last thing we want is to loose this place.
My brother & sister never had time for my mum & dad & havnt spoke to me for 2 years since my dad died . . & theyve took legal action to evict me & i cant get my head round how nasty they are . I gave up work to look after my dad & wen he died i was badly assaulted by my partner. I pressed charges & my siblings told me I deserved it . I dont know wat il do wen they throw me out . My sister told a mutual friend ” the sooner she kills herself the better ” I havnt got any kids & iv recently lost my dog & i honestly dont see the point .
My mum passed away in 2019 and had made a will stating that her share of the property (50%) should go to me and my sister but my step father still lives there and obviously owns the other 50% of the house. In my mothers will it states all goes to my step father until he dies which is when we will inherit our share of the house, however he is now going to sell it the property and buy a new house. Can he do this with our inheritance or does he need to give us our 50% once the house is sold? Any advice would be greatly appreciated thankyou