Hi
I wonder if anyone can give me some advice. My father died without making a will 29years ago. I did not know until recently that my mother had never sorted anything out afterwards and the family continued to live in the family home after my fathers death.
Now my mother wants to sort things out legally but we are not sure as to what the implications will be for her. My father was married before he met my mother and had 7 children from his first marriage. (Two of these are now deceased). From his marriage to my mother there are another 4 children. (She also had another child before she married my father)
The family home and a small area of land has remained registered under my fathers name.
I understand that the normal procedure would be to take out a grant of administration on my fathers estate and then his estate would be divided appropriately between the family. My question is in what way would it be divided - (two thirds to my mother and the remaining third divided between all children or their surviving families)??
If my mother wants to get sole ownership of the family home will she have to get all the children to renounce their rights to the remaining third of the estate. Our concern is that some of the children from the first marriage may not agree to this. Relations with my mother and my father after their marriage was strained with some of these children. Although, in later years they seemed to get on fine.
Also, what is the situation with the entitlements of the children who are now deceased? Would each of their spouses and children also have to renounce their rights to my fathers estate.
Also, would all of this be very expensive to sort out as none of us are wealthy. My mum is now 80years old and I would hate to see her caught up in a battle over this or much worse have to sell the family home. Does she have any additional rights as she has lived in the family home for all these years?
If any one can give me any information it would be great. We are going to a solicitor but I would like to have some idea of what our options are before we speak with him.
Thanks
I wonder if anyone can give me some advice. My father died without making a will 29years ago. I did not know until recently that my mother had never sorted anything out afterwards and the family continued to live in the family home after my fathers death.
Now my mother wants to sort things out legally but we are not sure as to what the implications will be for her. My father was married before he met my mother and had 7 children from his first marriage. (Two of these are now deceased). From his marriage to my mother there are another 4 children. (She also had another child before she married my father)
The family home and a small area of land has remained registered under my fathers name.
I understand that the normal procedure would be to take out a grant of administration on my fathers estate and then his estate would be divided appropriately between the family. My question is in what way would it be divided - (two thirds to my mother and the remaining third divided between all children or their surviving families)??
If my mother wants to get sole ownership of the family home will she have to get all the children to renounce their rights to the remaining third of the estate. Our concern is that some of the children from the first marriage may not agree to this. Relations with my mother and my father after their marriage was strained with some of these children. Although, in later years they seemed to get on fine.
Also, what is the situation with the entitlements of the children who are now deceased? Would each of their spouses and children also have to renounce their rights to my fathers estate.
Also, would all of this be very expensive to sort out as none of us are wealthy. My mum is now 80years old and I would hate to see her caught up in a battle over this or much worse have to sell the family home. Does she have any additional rights as she has lived in the family home for all these years?
If any one can give me any information it would be great. We are going to a solicitor but I would like to have some idea of what our options are before we speak with him.
Thanks