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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
charliecoopershair · 26/12/2023 22:25

Confused2124 · 26/12/2023 22:18

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

She says not so why keep pushing it?

AcrossthePond55 · 26/12/2023 22:26

I'd say the mother needs to see a solicitor. Assuming the house will be inherited by he children and as the children are minors she will need to file to be trustee for them. A good estate solicitor can help her with the paperwork and setting up the trust.

Once the trusteeship is approved, the mother can then decide what is best for the children as far as the house goes. I would assume (and hope) that at age 13 & 17 they will be given some sort of input as long as it's reasonable. I'd say that since they don't want to relocate, the house should be sold and the money held in trust or some sort of scheme to fund Uni or held for a house downpayment (depending on the amount).

Original poster
MySecret21 · 26/12/2023 22:31

Confused2124 · 26/12/2023 22:18

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

  1. No I’m not.

  2. My friend has absolutely no interest in benefitting from his death. She just wants to know what her children are entitled to, seeing as they haven’t seen their father for ten years and they are minors, before she talks to them about it.

Sorry the reality isn’t juicy enough for you.

OP posts:
NonPlayerCharacter · 26/12/2023 22:45

Why on earth isn't Mr X making a will?

Womencanlift · 26/12/2023 22:50

NonPlayerCharacter · 26/12/2023 22:45

Why on earth isn't Mr X making a will?

Because he is already dead so while he should have done it, it doesn’t sound like he did

Iamnotalemming · 26/12/2023 22:52

I think if he died intestate (no will) his estate goes to his next of kin. Since he never married mother of his children, it's not her. So I think his children.

NonPlayerCharacter · 26/12/2023 22:53

Womencanlift · 26/12/2023 22:50

Because he is already dead so while he should have done it, it doesn’t sound like he did

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Apologies, I misread and just saw "if Mr X dies". Too much port.

He's an idiot, but too late to tell him that. Intestacy is a bastard. The only thing to do is get proper legal advice. God, why don't people get their affairs in order while they can?!

HappyHamsters · 26/12/2023 22:54

NonPlayerCharacter · 26/12/2023 22:45

Why on earth isn't Mr X making a will?

Possibly because he is dead

Confused2124 · 26/12/2023 23:03

😂

MistletoeandJd · 26/12/2023 23:07

Children inherit with satuatory trust. Father of Mr X and mother of kids can apply to be sole / joint trustees. The assets/ money/ property can be used if it so benefits the beneficiary's. Any sale ect would have to be when both dc turn 18

NonPlayerCharacter · 26/12/2023 23:07

HappyHamsters · 26/12/2023 22:54

Possibly because he is dead

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God, there's always an excuse for some people.

DragonMama3 · 26/12/2023 23:19

Gwenhwyfar · 26/12/2023 21:36

On what basis?

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allegedly not providing enough for dependent

DragonMama3 · 26/12/2023 23:22

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.

You don't pay maintenance when you're deceased. She can however apply for the bereavement support payment

DragonMama3 · 26/12/2023 23:25

@HerMammy she's not got any legal rights - she wasn't his spouse.

She should get 3k for the bereavement payment.

wronginalltherightways · 26/12/2023 23:25

Everything should go to the children.

Because they are underage, they will likely need it to go into trusts or an executor (appointed by the courts?) will need to have it looked after for them.

SaffronSpice · 26/12/2023 23:28

If the house isn’t sold (so rented out) who is responsible for maintenance costs? Presumably it has to come from the estate but does that mean no money is distributed until the youngest turns 18?

DragonMama3 · 26/12/2023 23:29

How are the kids processing his loss? Must be hard. Perhaps easier as he was absent x

Waterbugs and dragonflies is a good book.

SaffronSpice · 26/12/2023 23:29

SaffronSpice · 26/12/2023 23:28

If the house isn’t sold (so rented out) who is responsible for maintenance costs? Presumably it has to come from the estate but does that mean no money is distributed until the youngest turns 18?

To be clear, I mean maintenance of the building - repairs, insurance etc

BabaBarrio · 26/12/2023 23:50

Don’t you have a will register in the U.K. that has to be searched? How does this ex who hasn’t seen Mr X in a decade know that there is definitely no will?

BabaBarrio · 26/12/2023 23:51

SaffronSpice · 26/12/2023 23:28

If the house isn’t sold (so rented out) who is responsible for maintenance costs? Presumably it has to come from the estate but does that mean no money is distributed until the youngest turns 18?

The trustees would pay all bills from the estate. Presumably if the house is rented out, the maintenance costs would be funded by setting aside some of the rental income.

SheilaFentiman · 26/12/2023 23:53

BabaBarrio · 26/12/2023 23:50

Don’t you have a will register in the U.K. that has to be searched? How does this ex who hasn’t seen Mr X in a decade know that there is definitely no will?

Because the father of Mr X has said so to the ex.

SilverRingahBells · 26/12/2023 23:55

BabaBarrio · 26/12/2023 23:50

Don’t you have a will register in the U.K. that has to be searched? How does this ex who hasn’t seen Mr X in a decade know that there is definitely no will?

No, there isn't a definitive will register. Some wills do get registered, but by no means all. They probably should check just in case, but the information apparently comes from the Mr X's parents, who were on good terms with him.

BabaBarrio · 26/12/2023 23:56

SheilaFentiman · 26/12/2023 23:53

Because the father of Mr X has said so to the ex.

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And how would Mr X’s father who is living abroad know for sure? I think you’d have to at least do whatever will search the U.K. must have. You can’t usually just throw up your hands and say I don’t know of any will so there must be no will?

PyongyangKipperbang · 27/12/2023 01:08

There isnt a statutory will register in the UK although I really do think that there should be one.

As it stands though the kids inherit up to a certain amount, cant remember how much, and then the rest is split between other relatives so parents, siblings etc.