Who owns the house now?

J

Jayjay80

Registered User
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Hello

Father died and willed house to his daughter A (no family of her own).
Provided residency rights for daughter B.
There are 2 more daughters.

Before probate even commenced following dead of dad, daughter A died. Left no will. House was never transferred to her name.

I assume house now owned by remaining 3 siblings but cannot be sold as B has residency rights.

Or does B automatically get the house?

If they want to sell it I assume B would have to agree and be compensated for her residency right and then the proceeds divided.

Any ideas?
 
Seantheman that's a silly reply. I do know of a case where residency was to be provided for in a will and the house could not be sold until after the death of that person. However it did not have the complications of this case, but because the valid will grants residency I would think that holds. a solicitor is needed as Brendan intimates.
 
The property is now owned by A's three siblings. Unless she is married or has children of her own.

B has an equal ownership share, but has rights of residency. If there was a very valid reason for this by the father, than the other two should not try and buy her ought. Valid reasons would be a person with mental health problems, a person incapable of managing their money etc.

Problems that may occur if she remains is who is going to pay for repairs and maintence of the house.

The property can be put in all 3 people's names with the right of residency mentioned. I think it's some kind of burden on the title. Or they could just do nothing I guess and act when sibling B no longer lives there.

And everybody should make a will !
 
110quests said:
a solicitor is needed as Brendan intimates.
Click to expand...
If you read the OP, you can tell that there is a solicitor involved. When someone posts a question like that on AAM, they're usually looking for relevant input from users who may have found themselves in a similar situation. Brendan and I have differed on this issue in the past and I know it's his site, but I feel it's his answer that's silly;)
 
Was there a survivor clause anywhere in the will? E.g. I leave X to Y provided they survive me by at least n days. If not, then the house would have belonged to A, which means it forms part of her estate. As she died without a will, it then follows the rules of intestacy.

The death of A does not impact the residency rights of B.
 
No solicitor involved yet.

Father died 4 months ago. A died less than 1 month ago.
No survivor clause. B is a healthy person. At time father made
Will A was living at home. B was elsewhere but not in a settled relationship.
The other two were married and had their own homes.
Since then B has settled and is living with partner.

Is house really part of A's estate since fathers will never completed
Probate and house never transferred names? Technically could
A have willed to someone if it wasn't yet in her name?? (Just curious)

Until legal advice is sought I'm assuming all the siblings have an equal share
And B's rights would have to be bought out before it
Is sold, but that B could stop everything by returning to live there.
Only thing of course being that while B has he right to live their her
Partner doesn't without the consent of the others. Nor could B make any
Alterations without the consent of the others. (This is my understanding from what I have read).

It's a bit messy if thinks became bitter. Hopefully not.
 
Jayjay80 said:
Is house really part of A's estate since fathers will never completed
Probate and house never transferred names?

Technically could
A have willed to someone if it wasn't yet in her name?? (Just curious)
Click to expand...

Sorry for all our losses. Yes the house is part of A's estate, it became part of it when your father passed away. It is the will that is the deciding factor.

Yes if A had made a will leaving her estate to the cat and dog's home they would be entitled, and would have to let B reside or buy out that 'burden'.

It looks quite simple, house to be sold and divided. I would have said the best thing is 3 ways. But B may want more. Particularly if not in a married relationship and without a house of her own. No idea how you value her life share. Nor can she be forced to sell it. Best thing is everything to be handled fairly and amicable.
 
Where there is no will intestacy rules apply. In this case it would appear that A's estate will be inherited in equal shares by the siblings. Technically yes, A could have included the property in her will. B has a right of residency in the property for her lifetime. This is an impediment on the title to the property which can only be cancelled with agreement and co-operation from B. She does not have to live in the property as the right appears to be included in the title passed to A. Best option is for all 3 parties to agree to purchase B's interest in the property. Solicitor will be needed to explain the rights of the various parties and finalise the terms of any agreement.
 
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