Inheritance - husband died but house did not change name to wife

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Kermit

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Husband died leaving no will. Wife continued to live in house and rearing their children. After 40 years nobody claimed their 8 of a third (8 children). Can they still claim this when their mother dies or does it lapse after a certain time?
This was never an issue with the children as they figured it should have been hers anyway.

However when she dies will this have to be paid to the children or is there a time limit for claiming??
 
If the house was in joint names it passes to her on his death anyway, rather than forming part of the estate the children should receive a third of.
Whose name are the title deeds in now?
 
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It seems likely that the title was never altered and @Farma1 points out if it was 'joint tenancy' there is a survivor takes all situation. Many married couples will likely have joint tenancy.

The question is also is there a Will now? If Wife dies intestate this applies S67B (2) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.

The Wife does not have to will anything to children - though they can claim S117 relief if the Wife does not make adequate provision for them or hasn't done so prior to death and Estate pays the legal costs. She could benefit others.
 
Same happened in my family. Probate was not done when father died as house passed to mother. She made a will and her wishes were carried out through probate. Get you mother to do a will now for simplicity.
 
Farma1 said:
If the house was in joint names it passes to her on his death anyway, rather than forming part of the estate the children should receive a third of.
Whose name are the title deeds in now?
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I have no idea who's name is on the deeds. As the third was mentioned years ago I'm assuming the house was only in father's name.
 
elcato said:
Same happened in my family. Probate was not done when father died as house passed to mother. She made a will and her wishes were carried out through probate. Get you mother to do a will now for simplicity.
Click to expand...
Same in our case a couple of years ago but the lack of probate for my father who predeceased my mother by 20 years or so caused all sorts of problems. delays and expense. My mother had a will but the family home had remained in my father's sole name and if we'd known what problems lay down the line we would have dealt with getting it into her name after his death.
 
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