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-   -   Can I credit check my late father? (http://consumercreditsupport.co.uk/showthread.php?t=4638)

birchave 14-11-2013 12:47 PM

Can I credit check my late father?
 
Yes, I know it's a strange one! My father passed away earlier this year, he left no will and was separated from his second wife (my step mother).
When they were together they owned a flat and following their split she remained in the property and he took a pay off and lived in a rented house.

As he left no will my brothers and sisters have found it really difficult to try and settle his estate.
The bank would not let us access his accounts (although we only wanted to be able to pay his funeral bill) as they said he had a living wife and we weren't his next of kin.
We contacted my step mother who has refused point blank to help and reckons she was "legally" separated and she has no responsibility towards my late father or his estate.
Following a meeting with a solicitor, we now know she is liable for his estate and we informed her of this.
She has since written back saying that she has a separation agreement which she says means she has nothing to do with my father or his estate.
She promised to forward a copy of this agreement, but it has yet to materialise......

I'm now wondering if my father still owned a share of the property, and that's why she has not sent us a copy of the agreement....

Is there any way I can credit check my father to see if the property is still in his name?
I tried the land registry and it shows the people who owned the property in 1986!!! Although my father bought it in 2003 and Zoopla supports this
Any ideas folks??

Dragonlady 14-11-2013 08:59 PM

I was going to say Land registry, but you have done this. How about the council tax rolls?

Sadly even though she is seperated, she was not divorced so she is liable for his estate as she was still his wife at the time of death.

If you app;y to the court for Letter of Administration, and your brothers and sisters would have to agree to this and let the court know, you could be appointed administrator of his estate. Drawback to this, if there are debts on the state you all would become liable for them.

Looks like the step mother owns the property if your father took a pay off and this has not been registered with the Land Registry. it could have been between both of them with no solicitor to handle the transaction, so if he signed the deeds over to her, I don't think there is much you can do, without involving solicitors and exptra expense..

I know this sounds harsh, but sometimes it is best to leave sleeping dogs lie and let it all come back and bite your step mother on the backside.


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