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Experiences of probate

3 replies

LowFat · 15/10/2007 08:49

DH GD has just died, DH aunt lived with him and GM (when alive) all her life and looked after them. Sadly GD did'nt make a will.

Everything is now going to probate.

SIL thinks FIL who is older than aunt will be named as next of kin and all will go to him, or that aunt may be asked to move out of house while probate is on going.

I am so worried for her in terms of loosing her hme and being made homeless quite soon, on top of just loosing her dad and having funeral etc.

Can anyone tell me what could happen - best and worst cases please.

Thanx

OP posts:
TheBlonde · 15/10/2007 09:01

It will be dealt with under Intestacy Rules
I think that means it will be split equally between the children

Freckle · 15/10/2007 09:11

The Intestacy rules will apply. Have a look here. Scroll down a bit and it tells you what happens when someone dies without leaving a will.

fairyfay · 15/10/2007 20:38

From what you've said, I'd say that the intestacy rules would mean that the estate would be shared equally between your aunt and her brother.

Your aunt and her brother are also the people who are entitled to become the Administrators of the estate (the same thing as Executors).

I can't see any good reason why your Aunt should be evicted from the house while probate was going on as it couldn't be sold/transferred until probate is granted. If she is worried then I'd advise her to see a solicitor to find out what her position is.

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