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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My father passed away 15 years ago. My mum and dad were divorced

Customer Question

My father passed away 15 years ago. My mum and dad were divorced and still living in the same house at the time of his demise. My father left a will, in which he left everything to myself and my sister. Some of his estate was sorted out i.e. a property he had shares in needed to be sold etc. The remainder of my dad's assets i.e. the half of the house he owned with my mother and his worldly goods were not sorted as my mother and sister both live in that property. My mother is hardly able to walk now and she needs to move out. My sister has my dad's will and the deeds of the house. My mum and sister have been sorting things out behind my back. I need to know:

1) As far as I am aware no executor was appointed at the time the will was written, therefore as I am the eldest child should I be executor of my dad's will?

2) Can they sell the house without the deeds being changed as my dad's name is ***** ***** the deeds as half owner of the property.

Many thanks.
Carolyn Slater
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Hello


 


I am a little surprised that there is no-one that can answer these questions?! OK I will wait a little longer.


 


Kind regards


Carolyn

Expert:  Nicola-mod replied 2 years ago.
Hello Carolyn,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hello


 


Don't bother. This has been a complete waste of time, I will find a solicitor myself who can answer my questions. Obviously I will not pay the £22 fee.

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you see a copy of the Will and was probate obtained?
Clare
Customer: replied 2 years ago.

Hi Clare


yes I did see the will at the time myself and my sister saw a solicitor who saw the will (I haven't seen the will since as my sister keeps it hidden). I am assuming probate was granted as we had to sort out my dad's bank accounts and insurance etc at the time. The house wasn't sold as my mother and sister still live there. I really need to know where I stand with this as they are being very underhand and I am not being told what is happening. Can they sell the house without my knowledge (the deeds still have my dad and mum's names on them), or should I be signing some papers somewhere down the line?


Kind regards


Carolyn Slater

Expert:  Clare replied 2 years ago.
Hi
For the other property to have been sold Probate must have been granted which means that the Will must have appointed Executors.
You can get a copy of the grant of probate and the Will from the probate service - details here
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
Since probate has been granted the house could indeed be sold
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

 


I will not rate your service until you answer my question!!!


You appear to have taken my money yet have not answered what I asked.


 


Once I receive a satisfactory answer to my question I will rate your service.


 

Expert:  Clare replied 2 years ago.
Hi
1. For then her property to have been sold then Probate of the Will must have been obtained. For probate to have been obtained the Will must have appointed executors - your father was entitled to appoint anyone he chose as executors, you have no extra right because you are the eldest child
2. Since Probate has been obtained then yes the house can be sold without the names being changed on the Title deeds
Clare

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