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no will left and title deeds only in one persons name

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janesabo | 15:30 Thu 04th Sep 2008 | Civil
4 Answers
hi
my parents do not have wills made and would not change there minds about this.
My parents house is owned by my father , it is in his name only on the deeds. My mum wants to know when my dad is no longer ailve how does she go about selling it as she will want to move to a smaller place
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Depending on how much your fathers estate is worth, the house won't necessarily become your mothers to sell.

INTESTACY
Q: What happens if I die without a will?
A: Many people erroneously think that their Estate will go to their partner when they die. This isn't necessarily the case. For Example, an unmarried partner will be entitled to nothing.
Even a spouse may not receive the entire Estate and worryingly, may not receive enough to maintain their current lifestyle.
This is regarding intestacy (leaving no will):

If you have a lawful spouse, plus children
If your estate is worth less than �125,000 then your spouse gets everything. If your estate is worth more than �125,000 then your spouse would get �125,000 and a life interest (ie the right to take interest on the remainder, but not the capital itself) in half of anything over this sum. Your children would get half the sum over �125,000 immediately and be entitled to the other half on the death of your spouse. Should any of your children die before you then their children would be entitled to take their parent's share.
Which is precisely why they both need to make wills - if the house is worth more than �125k there will complications in the surviving partner selling the house - it won't be 100% theirs to sell.
That �125000 is going up from sometime next year - I think to �200000.

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no will left and title deeds only in one persons name

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