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Original poster

Mr X has died : who gets the house?

201 replies

MySecret21 · 26/12/2023 17:49

Just after some advice please…

If Mr X dies and he lives alone in a property that he owns (no mortgage) what happens to the house?

He has two children but they are both under 18 and live with their mother. Mr X and their mother were never married and separated over 10 years ago.

The only other family Mr X has is his dad.

As Mr X’s children are below 18, will the house go to his father instead?

There is no written will so everyone is just speculating as to who decides what to do with the house and who gets what.

Thank you.

OP posts:
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6
DragonMama3 · 26/12/2023 20:01

my stepdad had cancer and died. His Mother is alive. My Mother as spouse inherited.

DragonMama3 · 26/12/2023 20:05

BorsetshireBanality · 26/12/2023 17:52

In which country does Mr X currently live?

He's deceased ergo not living.

DragonMama3 · 26/12/2023 20:07

are you their mum op - u can now get widows support from the state.

Beautiful3 · 26/12/2023 20:11

If it's the uk, the house will be sold and put into trusts for the children. They can access it, once they're 18 years old.

Original poster
MySecret21 · 26/12/2023 20:19

I am definitely not the children’s mother, I have my own to deal with 😂

The children have not seen their father for just over 10 years as he walked out on them and their mother for another woman. He did not maintain any contact with the children.

We are only aware of his death as his father has informed us because of all the issues with the inheritance.

I think the speculation lies in the fact that he and the mother were never married and he hasn’t seen the children for 10 years.

He is no longer with the OW and they didn’t have any children together.

OP posts:
DragonMama3 · 26/12/2023 20:20

MySecret21 · 26/12/2023 18:49

It what will happen to the house?

Does it have to be sold and the money shared out? Or could the children live there with the mother?

Doesn't have to be sold.

Potentialmadcatlady · 26/12/2023 20:20

DragonMama3 · 26/12/2023 20:00

Can still be contested...

Show quote history

True but I have two executors who will help stop that if needs be and have kept it very simple so only my two dd inherit..

DragonMama3 · 26/12/2023 20:21

The estate will have to pay for the funeral so knock off roughly 4K off the 40K.

DragonMama3 · 26/12/2023 20:22

Potentialmadcatlady · 26/12/2023 20:20

True but I have two executors who will help stop that if needs be and have kept it very simple so only my two dd inherit..

Show quote history

My Dad's friend left most of her estate to the Cats.. Niece contested and got 36K

coldcallerbaiter · 26/12/2023 20:23

His father is not his heir, his children are.

DragonMama3 · 26/12/2023 20:25

@Potentialmadcatlady do you have other children - they could contest the will.

DragonMama3 · 26/12/2023 20:28

caringcarer · 26/12/2023 17:58

The DC will inherit. If the DC's Mother is renting it might be that she and DC can move into the house and it not get sold until youngest DC is 18, with the agreement of both DC.

She can't keep renting it. It's legally the children's asset.

DragonMama3 · 26/12/2023 20:29

Op - who are you in this scenario?

Mr X's sister?

Original poster
MySecret21 · 26/12/2023 20:32

DragonMama3 · 26/12/2023 20:29

Op - who are you in this scenario?

Mr X's sister?

I am a friend of the mother.

She was asking me about the inheritance and I said I didn’t know enough about it and that I would post on here as there were probably lots of people who’d been in the similar situations.

Perhaps I should have put it in legal then 😬

OP posts:
Porridgeinblankies · 26/12/2023 20:34

MySecret21 · 26/12/2023 20:32

I am a friend of the mother.

She was asking me about the inheritance and I said I didn’t know enough about it and that I would post on here as there were probably lots of people who’d been in the similar situations.

Perhaps I should have put it in legal then 😬

Show quote history

Report this thread and ask for it to be moved.

VitoCorleoneOfMNMafia · 26/12/2023 20:35

MySecret21 · 26/12/2023 20:32

I am a friend of the mother.

She was asking me about the inheritance and I said I didn’t know enough about it and that I would post on here as there were probably lots of people who’d been in the similar situations.

Perhaps I should have put it in legal then 😬

Show quote history

The mother of the children should seek legal advice on behalf of Mr X's children.

Gingerninja4 · 26/12/2023 20:39

The children will inherit if no wife at the time split between the children even if not seen for a long time or children are adults as when I divorced xh .Between adults was a clean break but I made sure the children could still inherit from him ( his mum owned big house in well known expensive seaside town )

AllAroundMyCat · 26/12/2023 20:42

Well someone's clearly rubbing their hands in glee.

Wait and see what the will says.
Failing that, see what the state says.

Quartz2208 · 26/12/2023 20:43

So he died intestate unmarried with a house and no debts in England.

will be the children held i a statutory trust

BorsetshireBanality · 26/12/2023 20:44

DragonMama3 · 26/12/2023 20:05

He's deceased ergo not living.

Show quote history

The original quote does say “if he dies…” not “he has died…”

but thanking you for taking the time to point out my possible mistake so nicely 👍

DragonMama3 · 26/12/2023 20:45

Beautiful3 · 26/12/2023 20:11

If it's the uk, the house will be sold and put into trusts for the children. They can access it, once they're 18 years old.

does it have to be -didn;t know that

DragonMama3 · 26/12/2023 20:47

AllAroundMyCat · 26/12/2023 20:42

Well someone's clearly rubbing their hands in glee.

Wait and see what the will says.
Failing that, see what the state says.

Read the post - intestate!

Potentialmadcatlady · 26/12/2023 20:54

DragonMama3 · 26/12/2023 20:25

@Potentialmadcatlady do you have other children - they could contest the will.

No.. just a v difficult ex husband hence the executors to help protect my DD… a very straightforward simple will and a good solicitor

HappyHamsters · 26/12/2023 20:55

Who is dealing with the estate and Letters of Administration. They will need to get legal advice about inheritance and setting up a trust. If the kids have been living with mum for 10 years why do they want to move into Mr x house now instead of staying where they are . It's not her house.

DragonMama3 · 26/12/2023 20:56

My friend's partner sadly committed suicide - she got widows pension as they had a son together. They were not married.