Intestacy and homelessnes

[Fitbin]

I recently moved back to my mum's house to look after her - sadly, she died very soon after this. She lived in a council house and left a very small estate - certainly less than 10 thousand pounds.

As I understand it, under intestacy rulings, the estate should pass to her children, ie my brother and myself (she was a widow). Is this something that I can sort out without involving a solicitor?

Also - can anyone advise what I can do about my living situation. We didn't have the chance to change the tenancy to include me, so I'm probably living in the house in a less than legal situation, it being registered under mum's name. No doubt the council will move to take the house back as soon as they realise this - harsh, considering it was our family home for over twenty years.

But what is my position? I gave up my rented flat to look after mum and if I'm evicted from this place, I'll technically be homeless. Are the council obliged to rehouse me?

Any advice welcome!

Thanks

[indie_chic]

Yes the coucil have to rehouse you, this could be b&b till they find suitable accomodation for you. Shelter are the people to contact about this, they give really good advice and can help you contact the coucil about keeping the house. Often the house is offered to the children anyway. I know a guy who got his mothers 4 bedroom house when she died and its just him and his wife living there.

[ummmm]

I also had a friend who was allowed to stay in her fathers three bed house after he'd died even though she was on her own. I think if you have lived there yourself for some time through childhood they look at it as your family home

[JRB]

Go to your nearest Citizens Advice Bureau to get advice about division of your mother's estate when she died intestate. If you and your brother can work together you should have no problems getting probate without a lawyer but it takes a little time. They should be able to give you the help you need. If you don't know where your nearest CAB office is get back to me and I can give you the details.

As far as your Housing problem goes, contact your local council directly. Depending on the size of the property you now occupy they may want you to move to a smaller place but as the present house was your family home for such a long time I would hope that they will treat your case with sympathy and compassion.

Good luck.

[themas]

1. You might be able to wind up the estate without the need to get probate. It depends where the money is held. Some banks & building societies are willing to pay out relatively small sums on a death certificate without seeing probate documents. You need to ask about this.

2. You say you moved back to live with your mother "recently". Assuming she had a normal council tenancy, you would have had to be living there as your only home for twelve months prior to her death (as well as living there when she died) in order to inherit the tenancy. Also, the tenancy would have to be one which had not been inherited before (in other words, your mother - or her jointly with someone else - must have been granted the tenancy without getting it by inheriting it from another family member). Some tenancies have more generous terms than these, so you need to check with the Council.

If you cannot inherit the tenancy, the Council will not have a duty to house you if you are of working age (under 60) and not in priority need - which means you do not have children living with you and are not vulnerable by reason of health problems.