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Legal, pensions and money

Right to make last visit to partners house

(41 Posts)
bentley49 Fri 12-Apr-13 14:55:03

My friend has been friends with a man for about 3 years occasionally staying overnight at his house.
Unfortunately he has now died after being in hospital for nearly 3 days.
She was with him along with the son.
As it was 11pm and she lived nearly 40 miles away she expected to be able to stay at his house overnight but the son refused to let her in and she found he had changed the lock when she put her key in the door.
He has now returned her clothes to her but he is refusing to let her in the house to check if there is any more propety belonging to her.
She is sure she has left a watch inside value about £400.
She also had to go in to a hotel which cost her £75.
The son has just said the house became his from the moment his father passed away.
She is not disputing the fact the son owns the house even though it would be in probate at the moment but does anybody know if she has any right to recover the £75 from the son and a right to enter the house to try and find her watch and possibly some other items.

Gerry

HUNTERF Tue 16-Apr-13 21:04:55

Gerry

How do you know the father gave permission to the woman to enter the property to recover her property?.
The son was a legal owner / occupier of the property before his father's death and the son was within his rights not to let her in.
A husband / wife has the right to will their own property to a person other than the spouse and nothing can be done about it under present legislation.

Frank

absent Wed 17-Apr-13 07:32:43

Not so Frank. The will may be challenged by the surviving spouse when matrimonial assets are involved.

Greatnan Wed 17-Apr-13 07:38:05

How have most of us managed to get to a ripe old age without ever coming across all these cases of children having a half ownership in their parent's house, when Frank seems to have them coming out of his ears. grin

absent Wed 17-Apr-13 07:45:25

Greatnan It is astonishing isn't it? I don't have a single contemporary friend, colleague or cousin who owns half of what used to be their family home inherited from a dead parent or who now widowed shares ownership of their home with their son or daughter.

I suppose it is a way of avoiding inheritance tax if the half share falls below the threshold but it could set up all sorts of other problems, such as the son or daughter insisting on realising their asset by being bought out by the surviving parent or selling the house.

Riverwalk Wed 17-Apr-13 07:52:44

Bentley and Hunter I think you must be identical twins who were separated at birth!

Your writing style and use of English is identical - but you have polar opposite views.

Fascinating! hmm

Greatnan Wed 17-Apr-13 08:05:06

It is very difficult to change you style of writing and use of vocabulary, as I have noticed when people change their forum name. The truth usually outs!

HUNTERF Wed 17-Apr-13 09:13:08

thisismoney.co.uk/money/news/article-1594984/Tenants-in-common.html

If you look at the above mentioned article you will see that it is popular for tenants in common ownership to be set up.

The advantages are:

1) The council can not take any of the deceased spouses share of the house should the other spouse have to go in to care.

2 ) The deceased spouses share can not be taken by a future spouse who may be a Gold Digger.

3 ) The inheritance tax advantage is now obsolete.

A lot of the people I worked with advised their parents to split their houses in to tenants in common ownership and for each parent to will their half of the house to them an the first death and they did say their parents did what they advised.

I worked in a bank and I think people in that office generally knew the advantages of Tenants in Common ownership.

Also I have advised people in the road I live in to do the same and most have said it has been done.

I do go to an over 50's club and there are several members who have lost their spouse and have a parent still alive.

Frank

Nonu Wed 17-Apr-13 09:16:24

We already are , tennents in Common .

Have been for several years .

Ariadne Wed 17-Apr-13 09:20:48

Clones, maybe?

Greatnan Wed 17-Apr-13 11:07:19

I have no spouse and no parents - boo hoo. I think you should all be kind to me because I am a lonely orphan.

HUNTERF Wed 17-Apr-13 11:19:32

Greatnan

I have no spouse or parents but I do have 2 daughters, 4 granddaughters, 2 sons in law, and a lot of other family so you should be kind to me.

Frank

absent Wed 17-Apr-13 12:06:46

I don't know about you Greatnan but I find being the matriarch somewhat terrifying.

Greatnan Wed 17-Apr-13 14:41:43

Nah, doesn't bother me - anyway, they take no notice of my advice (except when it comes to tax rebates!)

HUNTERF Thu 18-Apr-13 16:32:27

Greatnan / Absent

www.gransnet.com/forums/carers/1197371-Paying-for-Care-Home

Another case of a house being owned by the parents and offspring.

Frank

Greatnan Thu 18-Apr-13 17:20:20

Frankly, my dear, I don't give a damn grin