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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 sister died a month ago. No will made. Property was in

Resolved Question:

My sister died a month ago. No will made.
Property was in joint names. Value of property is 225,000, mortgage is 190,000
She has a son form her first marriage aged 18.
My mum and dad put in 30,000 to the property to help them have a start, 9 years ago. Is there a way my parents can put a charge on the property to try and ensure their grandson gets some money from it, if and when it sells.
The husband put no money in, did not pay mortgage and let the whole relationship and home fall in to rack and ruin.
Now he's moved back in and is taking care of it and fixing it Up.
Thanks Helen
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Was the money given as a loan or a gift - and what other assets are there?

Customer: replied 1 year ago.
The money was given as a gift to my sister and her husband by her grandmother, in order to help them buy the property as her husband had no money .
There are no other assets.
Expert:  Clare replied 1 year ago.

I am sorry for your loss.

What financial provision is there for her son?

Customer: replied 1 year ago.
Well, my parents have taken Ryan in to their home and are fully supporting him.
We are unsure if my sisters husband ( was step dad as Ryan from her first marriage) should be making any provisions for him?Is he legally bound to?
He did not pay mortgage, pay bills and provided scant money while they were all living at the house by the way.
Expert:  Clare replied 1 year ago.

Unfortunately it is likely that the property was held by them as Beneficial Joint Tenants and the property there for passed to the husbands sole ownership outside of any Will or intestacy

I am afraid that the step father has no liability to maintain her son.

Sadly since the money was a gift and not a loan the Grand parents cannot recover the money that they gave.

I am so sorry to give bad news, please ask if you need further details

Clare and other Family Law Specialists are ready to help you

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