What are the next steps to take if your step-father is trying to claim your mother's house, even though he is not on the mortgage and there is no will? | LawHive - Solicitors & Lawyers Online
What are the next steps to take if your step-father is trying to claim your mother's house, even though he is not on the mortgage and there is no will?
My mum suddenly died in January this year, she had a mortgage on her house. My ex step dad is still currently living there and has always lived there even though he has a council property. When my mum passed I wanted the people who I registered the death with to do all notifications but step dad was like no ill do it. I have found out that my mum's bank account was still opened but it isn't now as I told them and I've also got in contact with my mum's mortgage company as they wasn't aware. I lived at my mums property for a bit after I spilt from my ex and had a proper contract signed by me and my mum valid till November this year but I since moved out coz my step dad threw me out the house and took the keys off me. There wasn't a valid will in place mum was in process of doing it but nothing got signed or witnessed and he trying to say he got rights to the house and all my mum's things. Please help need advice on what to do, they were never married and everything was in my mum's name I'm also next of kin

Anonymous

11th March 2022

1 upvote

Top Answer
NQ. He has no rights if not married. If she died without a valid Will then rules of intestacy apply and he needs to vacate. Research intestacy rules on gov.uk You need to contact mortgage people, the bank etc with death certificates I’d also speak to the police if he’s taking her possessions, money etc So sorry for your loss x

Jeanette Martinez

11th March 2022

1 upvote

Jeanette Martinez

Jeanette Martinez

11th March 2022

1 upvote

NQ, can you wait for him to leave the property and have the locks changed as he had no legal right to be there

Betty Pavone

11th March 2022

Not qualified. It was not legal for him to take the keys off you because it was your own house. Move in, change the locks and if he is abusive or behaves in a threatening way I believe you could ask the police to remove him.

Frank Cuevas

11th March 2022

Not qualified. Boyfriends girlfriends and best friends all have the same inhearitance rights as strangers. No rights.

Frank Cuevas

11th March 2022

Nq if he has a council house then he should be living in that. Can you contact the housing association he is with? Who is living in his council house, if he is taking payment for this, he could be in trouble! If they were never married then I don't think he has any rights to the house or banks. I am not sure what steps you would need to take but I would start by reporting him for the council house!

Lynn Tate

11th March 2022

NQ you need to take possession of YOUR (Mums) house first. As others have said, get into that property and have ALL external locks changed. Then report bank accounts. Then contact council housing about his address. You want to tackle it in this order (from most valuable to least concern for you). A video camera might be a good thing to have installed in case of any retaliation or if tensions rise

Matthew Freeman

11th March 2022

1 upvote

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