Property left in trust

[HeathandHome]

I would really appreciate opinion/advice regarding this situation - sorry about the long length
Background: DM & DF divorced back in the 1970s. Since then I was more or less estranged from my DF. He remarried in later life to a woman who had a married daughter - my step sister. I’ve never met her.

Both my DF and my step mother owned properties. When my DF died, just before covid, he left a will that made my step sister and I his Executors. He left his house in trust with my step mum being able to live there until her death, then the property will be sold and the proceeds divided between various family members and my step sister.
Situation I’d like advice about:
* I don’t know my step mother or my step sister. I was too lackadaisical when my DF died and didn’t really know about things like Probate etc.I had only the briefest contact with SM & SS. DF didn’t have a funeral so didn’t meet them there etc.
*I don’t know if my DF’s will went to Probate. Should it have? All his other assets except for the house were left to my SM, but I don’t know the value of these or how much of them were held jointly etc. I don’t know who the property is currently registered to at the Land Registry - it was registered to my DF but should the records now show it is held in trust until my SM’s death and that it can’t be sold until that time etc? Would it have needed to go to Probate for changes to the Land Registry record to happen?

• I don’t know if my SM is still alive or who now lives in my DF’s house.
  How can I go about finding out about the situation without being hurtful or insulting to my SM or her daughter - I can’t just rock up and say “just checking if you’re still alive & that you live here ” . It seems so mercenary but I need to “protect” the beneficiaries” and make sure they receive their quite substantial legacies when the time arises. The property is in a very desirable area and I don’t think there would be anything stopping SS renting it out without letting me know that SM has died or is in a care home, or that SS hasn't retired to live there herself. Its very far from where I live so difficult to visit.

I did ask a solicitor about it when I was making my own will and she told me that nothing could be done “behind my back” because there is a will and I’m an Executor. I’m still really not sure about whether it should have gone to Probate or not, and what should be done about the name registered on the title deeds. I also know that the prospect of money - and it's a lot in this case - can make people act dishonestly and that there are ways of getting benefit from the property without it being sold. I feel that I haven’t been on the ball about getting some sort of grip on this earlier but I want to now but don't really know how to start.

As executor, you should have been managing his estate and dealing with probate. First of all, do you have the will? You can hand over to a solicitor to manage it for you, but it will be expensive.

If you can't say anything helpful or compassionate, why comment at all?

The OP is a bereaved daughter looking for practical advice about tracking down and managing assets she'll be legally entitled to in due course.

She's been estranged since the 70s left her step sister to deal with everything and has zero right to claim to be bereaved. She just wants money.

However, her late dad wanted her to benefit from his assets and made provision for that. She's perfectly entitled to know what's going on and needs help to deal with it. Your judgement is uncalled-for and not what she's asking.

Land Registry will give you the current registered owner of the property, do it on line its only a few pounds

"I don’t know if my DF’s will went to Probate. Should it have?"

From what you have described it seems as though it should have.

"...she told me that nothing could be done “behind my back” because there is a will and I’m an Executor."

That is correct, nothing can be done behind your back lawfully.

However, that doesn't stop things happening unlawfully.

For example, I'm aware of a situation in my extended family where the parents owned the house as tenants in common with each half being left to the children and the surviving spouse having a life interest.

Both the children were named as executors but they did not (even more so since) speak to each other. When the father died, one of the children forged the signature of the other child on the form you need to complete for probate indicating that they did not wish to be an executor.

So the one child managed to get probate while totally sidelining the other child. All sorts of stuff hit the fan when the other child found out about this.

If they were tenants in common then there will need to be probate and the will becomes a public document.

You can search for your father's will here, it will cost you £1.50 to download it:

https://probatesearch.service.gov.uk/help

If you were named as an executor and you were not involved in gaining probate then it may be that something dodgy has been going on.

"I don’t know who the property is currently registered to at the Land Registry"

This is a simple matter to find out, it costs £7 to download the information. You want to download the Title Register for the property.

https://www.gov.uk/get-information-about-property-and-land/search-the-register