Dads Name Taken Off Deeds When He Passed

 

Richard - I am sorry to read of the issues you are facing. You don't provide the specific details re the title or property so I'll answer in very general terms.
When a property is registered in joint names, and one of them sadly dies, the legal ownership passes to the surviving joint owner. In essence that means the register can be updated re the death at any time as very sadly the death is factual. I assume the property was in their joint names and that after his death an application was made to update the register as mentioned, thus removing his name from the register.
Probate would not have been required to deal with the property update as the death certificate is also proof of death 
Your late Father's beneficial ownership may however remain as a share in the value of the property but that then depends on what his will said with regards that share. For example did their mirror wills leave their share to one another or to someone else?
If he did leave his share to someone other than his widow then they may have a claim on that share but very much something your solicitor would need to check and advise you on 

Thanks for the reply Adam. 
 

My fathers 8 his widows name me and his widows 2 daughters as beneficiaries. That’s it. 

Apart from in gifts he left hIs tools in his garage as he didn’t want his wife’s daughters husband getting his hands On them.

i have the original will, but unfortunately, i live in housing association property, have been long term sick with mental health issues and 2 operations on both shoulders and one on my back plus life saving surgeries last year due to complications from pneumonia on my right lung.

So basically my income is ESA & PIP so I have no chance of hiring a solicitor.

As the solicitor said in her email above, if my dads names not on the deeds I have no claim to to my share of the estate.

I’m stuck and extremely anxious of what I can do. 
 

Thanks for your time replying.

Richard

Richard - noted and appreciated although I don;t quite understand re your Father's beneficial share and how it was left
You should always rely on your legal advice although the fact that he is not named on the register now may not be the full picture to be considered.
If he left his beneficial share to someone other than his widow and you can prove that was you then you may have a claim. But that's very much legal advice you need and not registration advice. 
I hope you are able to find a way to get full legal advice - good luck

Hi Adam

Just one thing, as the the wills were mirrored one for mv father 8 me which I have & exactly the same to his widow who has now passed on I think, as she’d be about 100, if more. 

I can’t find any death notices as on the land registry she has her maiden name before she married my dad. So I’m not sure if she went back to her maiden name or what?! My dads been gone 9 years now, so I haven’t got a clue as the last time I saw her & her family was at my dads funeral.

Regards

Richard

By the way, it was left in his will that after his wife passed, the estate would be split between the 3 children, me & her 2 daughters.

Richard - we don't register deaths as such and the solicitor advised that the land register refers to her as a sole owner. The key re your scenario is whether or not you were left a share in the property in his will or whether that changed for any reason and as such everything went to her or her and someone else. We won't register or record that detail

By changed or left to someone else, that means his widow would of had to change her will as it was the same as my dads until he passed. 

Should I not of been notified and maybe I have a right to make an inheritance act claim?

Anyway Adam, I thank you greatly for answering or advising me, you’ve been a great help.

Hope you have a good rest of the day 

Thanks again 

Richard