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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:
Thread gallery
6
Soontobe60 · 26/12/2023 20:57

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?

Yes, they could all live there. However, if the house is transferred to the DC rather than sold, when it comes to each DC buying their own houses, they will lose the benefits of first time buyers and have to pay more stamp duty. Also. As the eldest is already 17, he is legally entitled to his share of the estate in a year. It would probably make more financial sense to sell the house and invest the proceedings to give to each Dc when they become 18. Their DM is not really the best person to make this decision, and neither is she able to apply for probate. His parents, if they are still living, can apply for probate but in this instance it may be much better for them to appoint a solicitor to do the job for them.

DragonMama3 · 26/12/2023 20:59

Bereavement Support Payment: How it works - GOV.UK (www.gov.uk)

If he died in work some people have death in work benefits. My X had a brain tumour - if he had passed our son would have gained a share of some money. Thankfully he didn't

Bereavement Support Payment

Bereavement Support Payment is money you can get if your partner dies - how it works, eligibility, what you'll get, how to claim.

https://www.gov.uk/bereavement-support-payment

Soontobe60 · 26/12/2023 21:01

How does his ex, whom he hasn’t seen for 10 years, know how much money he has in the bank and that he has no debts?

SilverRingahBells · 26/12/2023 21:03

Charlize43 · 26/12/2023 19:09

Hopefully Mr X will have left it to the Cat's Protection.

Really? Two minor children who've just lost their father should be disinherited because you don't like one of their acquaintances' tone of voice?

In fact, even if he had left it to a charity the will would be relatively easy to overturn, you can't just disinherit minor children , even in England and expect the gift to stand.

TheaBrandt · 26/12/2023 21:03

Goes to the children equally once they reach 18. If in England

Original poster
MySecret21 · 26/12/2023 21:06

Soontobe60 · 26/12/2023 21:01

How does his ex, whom he hasn’t seen for 10 years, know how much money he has in the bank and that he has no debts?

Because Mr X’s father has been talking to my friend about this for the last week and has filled her in on the situation.

It was him who raised the idea of the children and their mother moving into the house but my friend really isn’t keen.

OP posts:
SilverRingahBells · 26/12/2023 21:06

Bellyblueboy · 26/12/2023 19:10

Anyone else feeling a bit sad for mr x?

i hope OP isn’t the children’s mother. It all seems a bit mercenary

Well it's sad that he's dead, but presumably he'd want his children looked after with the money he left. And frankly if not then I wouldn't feel sorry for him.

WatchOutMissMarpleIsAbout · 26/12/2023 21:08

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.

Edited

Then I hope it goes to the children!

DragonMama3 · 26/12/2023 21:10

The children's gf sounds a good egg.

LookingforMaryPoppins · 26/12/2023 21:19

Intestacy laws, in the absence of a spouse the children will inherit, depending on size of estate if then flows down.... parents, siblings etc

Daffodilsandtuplips · 26/12/2023 21:20

The children’s grandfather needs to engage a solicitor.

HappyHamsters · 26/12/2023 21:21

Maybe he thinks it will help her financially if she has a house to sell. What do the children want to do. How old are they.

Original poster
MySecret21 · 26/12/2023 21:24

HappyHamsters · 26/12/2023 21:21

Maybe he thinks it will help her financially if she has a house to sell. What do the children want to do. How old are they.

The children are 13 and 17. My friend hasn’t spoken to them about the inheritance as she wants to be able to give them definite information when she does.

I doubt very much they’ll want to live in the house though as they’d have to move away from their school/college and friends etc.

OP posts:
Bellyblueboy · 26/12/2023 21:27

All speculation aside, your friend should engage a solicitor to protect her children’s interests.

Gwenhwyfar · 26/12/2023 21:36

DragonMama3 · 26/12/2023 20:22

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

Show quote history

On what basis?

dontgobaconmyheart · 26/12/2023 21:36

If there is no binding will then the rules of intestacy will apply to the estate. It is easy enough to google them. This will be less any debts, funeral costs, inheritance tax due, solicitors fees and so on.

It is worth noting that if his dad has made use of the house or say, his son has financially supported or supported him in any other way he can lay claim to an interest in or payment from the estate, it depends I suppose whether he is inclined to, or needs to.

Equally if he holds any pensions when he did so he may well have named a party to inherit these upon his death as part of the process. If that isn't the case then the trustees at the pension fund will decide where that goes or who is due it - for example if he took them out years ago and named an ex he has nothing more to do with they can overrule this. Most likely they will adhere to his wishes first, then the rules of intestacy and take into account any exceptional circumstances - eg if there is evidence he supported his father financially.

These things take time without a will, whoever the next of kin is will ideally really need to declare the death in the newspapers so anyone with a claim to the estate has the opportunity to declare this. Any inquests if one is due will need to be complete to payout final funds and the legal next of kin (his father) will need to apply for probate to assume the legal control of the estate in order to administrate it. Any movement of money without this is not legal or appropriate.

HerMammy · 26/12/2023 21:39

The best thing would be for the house to be sold and put in trust for the kids until age 25, perhaps the cash assets could be given to their mother in lieu of maintenance.

determinedtomakethiswork · 26/12/2023 21:45

Was he married to the second woman?

Original poster
MySecret21 · 26/12/2023 21:51

determinedtomakethiswork · 26/12/2023 21:45

Was he married to the second woman?

No, they just lived together for about 6-7 years before they broke up.

I don’t think he has ever paid maintenance. I can’t be sure of this but I doubt he has as there’s been absolutely no contact between him and my friend for many, many years. I can’t be 100% sure though.

From what my friend has said, the grandfather seems to be a nice man. He lives in another European country so he hasn’t seen the children very often since the separation (maybe once a year) but he has always sent them money on their birthdays and at Christmas etc.

OP posts:
CrabbiesGingerBeer · 26/12/2023 22:08

HerMammy · 26/12/2023 21:39

The best thing would be for the house to be sold and put in trust for the kids until age 25, perhaps the cash assets could be given to their mother in lieu of maintenance.

Not legally possible. The children inherit everything and the trust only lasts until they are 18.

If the mother had been receiving maintenance, she could claim but as she wasn’t, she can’t show she was being maintained by the deceased so can’t.

kitsuneghost · 26/12/2023 22:18

Does your friend want to move in?
What happens when the kids turn 18 and want their inheritance?
Is she in a position to buy them out?

Confused2124 · 26/12/2023 22:18

Sounds like you are Mr Xs childrens mother whose looking to benefit

IHaveNeverLivedintheCastle · 26/12/2023 22:19

Really need to know which jurisdiction. In Scotland everything goes to the children. Their age and parents' marital status is irrelevant.

UnfriendMe · 26/12/2023 22:21

Charlize43 · 26/12/2023 19:09

Hopefully Mr X will have left it to the Cat's Protection.

Yep, that is who will be getting all of our assets.

Reddog1 · 26/12/2023 22:24

Your friend obviously respects the grandfather but she’d still be wise to engage a solicitor to represent her minor children’s interests.