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DESPERATE Please can someone help????

(34 Posts)
Ludoole Wed 09-Dec-15 00:40:27

My husband died last week and he has left me up shit creek!! In his will he has left me the house which he made every payment on (paid last mortgage installment the day before he died) however it turns out that the mortgage/ deeds were still in his dads name... his dad past about 10 years ago!!!! Dh's sister agrees that the house was left to my dh but how the crap do i even start sorting this mess out????
I cannot grieve with this hanging over us and im bloody furious with dh!!!!!
Please can someone help???

madmother1 Wed 09-Dec-15 00:46:47

Firstly I'm sorry for your loss. We had a similar problem when my fil died. You will need to go to a Solicitor. They will guide you through it all. Somewhere along the line the house must have been transferred over and if not, your fil's will must have stipulated this. Please try not to worry.

Ludoole Wed 09-Dec-15 00:50:39

Thanks for the reply.
Dh was the executor of his fathers will and just didn't get round to it so it seems...
How am i supposed to pay a solicitor? I have no money and i spoke to my husbands bank today to inform them of his death so im guessing i cant use his money either ??

Fuckitfay Wed 09-Dec-15 00:54:10

Please don't panic it's easily sorted out. Has DH's sister got a copy of the probate and/or the will for her father? There will be a paper trail showing it was left to DH and assuming you are your DH's sole beneficiary the legal title can easily get transferred to you.
I would second handing it to a solicitor to deal with but get a couple of quotes. Have you got a good friend who can help by being the first port of call for liaison with the solicitor and paperwork as this is the last thing you need to worry about.
Your DH may have had a good reason for the mortgage having stayed in his dad's name - was it a good interest rate or maybe your DH had poor credit so it would have been expensive / difficult to remortgage? He may have thought he was doing a straightforward thing. You can't transfer the legal title unless you transfer the mortgage as well and maybe he didn't want the bother of remortgaging.

Fuckitfay Wed 09-Dec-15 00:55:44

Cross posts. The solicitor should be able to take payment out the estate and also sort out access to your DH's funds for you. Are you the sole beneficiary of your DH's will?
Will you be OK for money, were there life insurance policies etc, do you think?

Ludoole Wed 09-Dec-15 00:58:42

I will ask his sister tomorrow. I have searched high and low for paperwork and not yet found any. I have found a sealed copy of his df's will but i dont know whether to open in now or in his sisters presence. I dont know if its an old will or the will he wrote when he died? What should i do?

Klaptout Wed 09-Dec-15 01:02:00

A solicitor should be able to help you with this.
There is so much to sort out when you must still be in shock. flowers
I know when you go to register his death you will get lots more paperwork, there should be a form to fill in for a £2,000 one of payment, it's not means tested and may help you a little.
Is your bank account a joint one? Ours was and when DH died I was able to continue using it.
Do you have someone to help you with all of this?
I feel for you and your two boys.

Ludoole Wed 09-Dec-15 01:02:24

I get everything except his mothers jewellery which goes to his sister. No insurances. His business was a ltd company which his partner had run into the ground since dh got sick. They own the units they ran the business out of but i have no idea about any outstanding loans.

Ludoole Wed 09-Dec-15 01:04:41

No joint account sad We planned to but we applied online and it said he had to go to the bank as there was an issue. He was already bedrodden by then and sleeping most of the time so stupidly we left it....

Fuckitfay Wed 09-Dec-15 01:05:13

I think I'd open the will with the sister. Maybe she has the paperwork.

Ludoole Wed 09-Dec-15 01:05:25

Ive already registered his death

Ludoole Wed 09-Dec-15 01:07:10

She has no paperwork that i know of but i will tell her tomorrow what ive found and hope she can help

Ludoole Wed 09-Dec-15 01:10:07

Im so angry with him that now im just hoping his father DID leave the house to him.
I feel guilty for feeling angry at him and awful for not trusting him but i dont know what im thinking now!!!!

Fuckitfay Wed 09-Dec-15 01:15:42

If the sister agrees it was left to your DH there shouldn't be a problem if there are no other beneficiaries

I think anger is a very normal stage of grief my love flowers It honestly shouldn't be a legal problem

Just this week I sorted out a house transfer in a divorce where the property was still in deceased parents names who had died 15 yrs ago so it's not uncommon. It's really common that the registered legal title doesn't reflect the true ownership and not problematic once you get the paper trail and you should be able to get copies of probate and DH's dad's will if necessary. I'm not a probate lawyer but hoping one will be along in the morning!

By the way how did you find out the title was still in his Dad's name? Have you checked the land registry online?

Klaptout Wed 09-Dec-15 01:16:25

I'm sure you are dealing with all sorts of emotions sometimes several within the hour. These things keep trotting through your brain making sleep impossible, I kept a notepad at side of the bed, offloaded thoughts feelings and a to do list, have you been able to sleep much?
I got some sleeping tablets for the first couple of weeks, I think they helped.

ClancyMoped Wed 09-Dec-15 01:20:47

Don't worry that you are feeling angry. It's really normal!

I can understand that you want to get this sorted out really quickly and once it's done you can get back to dealing with everything else.

thanks I hope everything gets sorted out sooner rather than later. I bet it can get sorted although it might take a little longer than you wish.
MoneySavingExpert forum has lots of knowledgable posters if you want another avenue for advice.

Ludoole Wed 09-Dec-15 01:27:10

I havent checked the registry, ive just looked at the mortgage stuff. We've only been married 4 and a half months (although in a relationship for 10 years and friends for over 20 years) and this is the 1st time ive seen anything. I think he was hoping to make the last payment then change it all to his name but as i said, last payment went out the day before he died.
I feel so overwhelmed! My kids are struggling and i am doubting everything at the moment... Will the solicitor take money out of the estate or will i be expected to pay up front? I have enough to last the month and no more.

Ludoole Wed 09-Dec-15 01:29:28

And thankyou to everyone who has answered so far flowers

Klaptout Wed 09-Dec-15 01:39:53

I think it's usual for them to take money out of the estate, our was straight forward, we were married and although DH had cancer he refused to make a will, so the mortgage was paid off and the life insurance was paid to me, also an old pension of his paid a small lump sum.
I was able to claim widowed parent allowance which is paid until the youngest child leaves education, I got the one off £2000 payment which I used towards the funeral.

Ludoole Wed 09-Dec-15 01:54:14

Im so sorry Klaptout that you've lost out to cancer too..... Im angry that he didn't sort this all out earlier. Im literally sitting here shaking. He always sorted everything and now when i want need to be there for the boys, this has taken me over. 3 hours ago i was angry at losing him now im angry because until its sorted i cant grieve for him.

Ludoole Wed 09-Dec-15 01:58:12

For 16 months my sons have been on the back burner while i gave everything to dh. He should have sorted this! I ought to be able to concentrate on my boys not be having to deal with this!!!!!

SomethingPhishy Wed 09-Dec-15 10:12:05

Its easily sorted, my 90 year old grandmother sold her house earlier in the year. Only came to light once the sale was progressing that it was still in my grandfathers name only who had been dead 8 years. 2 trips to a solicitor and it was sorted. I believe her solicitor went to court and got the probate/transfer done with a copy of the will.

TheGirlAllTheBadGuysWant Wed 09-Dec-15 10:19:40

If his sister is with you it will be fine. Solicitors won't need money now. Go get one and they will help. My great auntie passed away and my uncle found she had never declared her husbands death. It was hard work but sortable.

So sorry for your loss thanks

Ludoole Wed 09-Dec-15 13:35:02

Thank you all. I have also just found his dads will which leaves the house to my husband so i will take that up aswell as my husbands will. Im so angry at him but hopefully that will disappear in time.

SoupDragon Wed 09-Dec-15 13:39:06

Sorry for your loss flowers

If you haven't checked the land registry entry online, you don't know for certain it isn't in your DH's name. It is very cheap to look at the entry on the online register.

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