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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In my mums will she has left the house to myself and

Resolved Question:

Hello, in my mums will she has left the house to myself and my brothers and sisters. I am looking after, living in the house till I pass away. What I would like to know is when I die do I get a share of money made on the sale of the house.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if your mother is still with you please or has she passed away?
  2. Does your mothers will provide you with a right to live in the property until your death or are you doing so with the informal agreement of your siblings?
Customer: replied 2 years ago.
Yes my mother has passed away. I live in the house with informal agreement with my brothers and sisters
Expert:  Joshua replied 2 years ago.
Thank you for the above. if your mother left the property between you and your siblings, then you are entitled to your share of the property now or at any point of your choosing in the future just as are any of your siblings.If you were to live in the property until your passing, if you wish your share of the property to accrue to your estate and be left to the beneficiaries defined in your will or if you have not made a will, to your next of kin under the intestacy rules, it is important that you ensure that if the property has been transferred into your and your siblings joint names, that you hold the property with your siblings as "tenants in common". if you hold the property in another way known as "joint tenants" and then pass away while still owning the property, your share would pass to the remaining surviving legal owners irrespective of what your will may say.If you are joint legal owner of the property with your symptoms, in order to check to see whether you own as joint tenants or as would be preferable, tenants in common, you need to obtain a copy of the title entries from the land registry if you do not already have them which will cost 3 pounds. You can download online using the link below. Once you have them, you need to look in the "B - proprietorship register" and cast your eye to the entry underneath where your names appear. You are looking for entry that reads "RESTRICTION: no disposition by sole proprietor...". If there is such an entry there, this means you own the property as tenants in common which means that your share of the property passes and you will as above. If there is no such entry underneath your names, then this indicates you own the property as joint tenants as you may wish to alter this to ensure that property does not accidentally automatically passed the surviving owners after your death. In order to alter this, you will either need to instruct a local solicitor to assist for which they are likely to charge around £200 plus VAT. Alternatively, if you prefer, I can prepare the documentation you require in order to change the ownership to tenants in common for about half that amount.Providing you own as tenants in common or if not covert the ownership to tenants in common by way of example: if we were to pretend that you had two siblings, and the house is therefore shared between the three of you, on your death 1/3 of the value of the house would belong to your estate and your beneficiaries would be entitled to that share in whatever proportions you specify in your will.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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