Inheritance Question

[jaynethepain]

Husbands uncle died last year leaving the house he lived in to his brother, husbands other uncle. There are also two surviving sisters. Husbands father died four years ago. The uncle who died had no wife or children's meaning that, if there was no will, the three surviving siblings and my husband would inherit equally.

We find out that uncle was in the process of selling the house so assume that there was a will but, next thing, there is an ad in the local paper asking for anyone who feels they have a claim to register their interest (bank had placed ad).

So, do we assume there is no will or, if there is a will, is it being contested!

Any views on this at all? Thanks.

[woofgang]

third option, is that there is a will but the executors are being careful.

[factor-fiction]

I don't see any reason to think the will is being contested.
More likely, no will has been produced
I would ask whoever has placed the ad and I would register your interest asap

[ubasses]

Normal procedure to give any creditors the chance to come forward.

[kloofnek]

If he had made a will willing the house to his brother,siblings etc...surely he would not be selling the house...or have I misunderstood this

[factor-fiction]

Ah- yes, a request for creditors is normal. I thought you meant the ad was asking for anyone who was a dependent or had an expectation of being a beneficiary

[jaynethepain]

Husband has registered his interest so I suppose we just wait and see. Never thought about creditors but that option seems unlikely, the uncle in question was a bit of a recluse, never went out, never spent anything. Thanks everyone.

[ubasses]

Although the creditors option is unlikely it still has to be done as part of Executing the Will. If your uncle bequeathed anything to you father in law this would automatically pass down to your husband but if he has deliberately omitted him from the Will and your husband was not financially dependent on him any claim is unlikely to be successful.

[woofgang]

ubasses, it doesn't have to be done, I didn't do it, but then I knew there were no creditors that I didn't know about.

[twix123]

//Husbands uncle died last year leaving the house he lived in to his brother, husbands other uncle.//

Reading the first sentence would indicate that a will was made, if he left the house to his surviving brother.

[ubasses]

I should have worded it as advisable to do to protect the Executor against any future personal liability and this is probably what has happened in this case.

[kloofnek]

If he willed it to, them...why would he be selling it?

[ummmm]

Maybe he would have changed his will when the house was sold.

[kloofnek]

is there that..he could then will the proceeds

[tamborine]

Seems the bank have an interest in the property; maybe beneficial bruv has bank debts?

[kloofnek]

Yes,there is that...

[ubasses]

I think jaynethepain means the other uncle who has inherited it (and may be the executor) is selling it but has received advice (or already has knowledge of the pitfalls) and has placed the advert.

[kloofnek]

But it would not be solely his to sell,if it is left to other as well

[ubasses]

From the first sentence, he has left it solely to the one brother.

[kloofnek]

yes...you are absolutely right...So the brother of the "husbands uncle"also died,so beneficiaries have to be found...am I right in understanding this?

[ummmm]

From what I'm reading Uncle died leaving the house to his brother.

If he didn't have a will would Jayne's husband be entitled to anything anyway? It goes to the siblings...