Deceased died intestate leaving a girlfriend and daughter (age 12).
He left lots of debt which his girlfriend has cleared (to the best of her knowledge)
He was a bit of a bad boy and was in trouble with loan sharks which has caused much stress on the family and he was in prison relating to Proceeds of Crime.
Property was owned as tenant in common 50/50 with a restriction.
Girlfriend has removed deceased name from the title and wishes to remortgage.
My thoughts are we would need a Grant and this should be taken out in the name of the girlfriend as the one with parental responsibility of the the sole beneficiary (daughter) and the deceased mother.
They could then both sign the RX3 to remove the restriction and allow the remortgage to proceed and a Declaration of Trust could be done afterwards regarding each share.
The issue now is that the mother and the rest of the deceased family do not wish to have the responsibility of a PR.
The girlfriend risks losing the home as the mortgage payments are too high.
Does anyone have any alternative views on how we can proceed?