Inherited Housw

[jaycee401]

I have been left a house in a will. Property was owned outright by my step father before he met my mum. Mum was given a life tenancy and sadly has now died. Neither myself or brother lived in the property or paid anything towards maintenance etc. Step dad and brother hated each other. Brother is now threatening to put a restriction on property to stop me selling, saying it should now be part of mums estate. Can he do this? Mum died and left no Will and brother is saying she left no money when she did she also put him joint owner on all her bank accounts.

[fiction-factory]

If there is no will then the intestacy rules will apply I think. You will need to look at them but i am sure your brother has the same entitlements as you, so I would have thought that the house should form part of the estate

[fiction-factory]

Maybe I've misunderstood - if you sell the house what would happen to the proceeds?

[EDDIE51]

We need more information, you can't 'own' a bank account. Do you mean she put all her accounts into joint names? Your last sentence does not make sense. //she left no money when she did ( should that be 'died') she also put him joint owner on all her bank accounts//

[Peter Pedant]

You havent told us who was the residual beneficiary of your step dads will. Let us say it is Mr X ( can be more than one )

then from the facts, your mothers life tenancy has now ceased and the person who inherits is the one specified in your step dads will.

The law is clear on this. Your brother has ( on the facts you have given us ) no right to the house ( so long as his step dad excluded him or leftit to someone else ( like you ))

In terms of your mums estate - you inherit in equal proportions under the intestacy rules BUT if the accounts have been made joint then it is more complicated - they usually pass to the other joint-holder but if it were all your late mums property then you have a claim on it ( half to be exact ) as a result of this case:
http://www.fridaysmove.com/joint-bank-accounts-%E2%80%93-recent-case-re-northall-deceased-2010/15832

I dont often say this - you may need to see a solicitor
depends how serious your brother is

[jaycee401]

Sorry I didn't make it clear. Step dad left me the property in his will but had life tenancy until she died. Mum never owned the property, it was never in her name. I could not sell it until she died. Mum has now died but before she died she added my brothers name on to her bank accounts. I know she had money but he is lying saying she didn't. I don't want any of this money I just want to sell the house which my step dad left to me. But brother is saying he will put a stop to me selling as he thinks by right the house should have gone to my mum when step dad died. Step dad did not want mum having the house as he knew mum would have passed it on to my brother hats the reason why he left it to me. Mum left no will so I understand she died but even so how could I find out how much money she left. I would only go down that route if my brother prevented me from selling the house.

[jaycee401]

I am the sole beneficiary of step dads will.

[Peter Pedant]

// Your last sentence does not make sense. //she left no money when she did ( should that be 'died') she also put him joint owner on all her bank accounts//

yeah it does in brother-goof-speak
The joint accounts the ownership passes outside of the will
so he saying she didnt leave any money because it doesnt form part of the will [ so she had money but didnt LEAVE it ]
He hasnt taken into account Northall....

I hate to predict I can see lawyers involved ...

[fiction-factory]

Thanks PP. I read the bit about "my mum died and left no will" but missed the bit that said "I have been left a house in a will".

[bednobs]

is this the same will dispute you've been in for a while, or are unfortunately in another one?

[fiction-factory]

I think the other will dispute was another one about jaycee's father's will from a quick read of previous threads

[fiction-factory]

Sorry, that didn't make sense- I should have said this seems to be a different will dispute

[EDDIE51]

Surely if the Mum never owned the house but just had the rights to a life tenancy it can not be part of her estate.
The questioner has now got 100% ownership of the house that was left to him by his stepfather and the brother can do nothing about it, seems an open and shut case to me.
Looks to me as though the brother has taken all the cash out of the bank accounts and now wants the house as well!

[Jackietwirl]

Can you receive your private pension and still claim sickness benefit?

[Jackietwirl]

Sorry my question went on your post.

[auntie-bertie]

What is worth more? The house or the money in the bank account?

[themas]

As I see it, the only way your brother can prevent you selling the house is to challenge step-father's will. I don't know whether he can still do this. It may depend on how long ago step-father died and what was done with his will. If probate was obtained and his estate wound up then it might be that a challenge would be seen as being too late. Before spending money on solicitors I suggest you contact the Probate Office helpline. If you give them the facts about step-father's date of death and probate etc. they may be able to advise you. Failing that, you need a solicitor. Make sure it is one with knowledge and experience of will disputes (not just the routine work of probate).