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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10603
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother died leaving everything to my sister and i. The

Customer Question

My mother died leaving everything to my sister and i. The house she shared with my father for 40 years did not have name on the mortgage or the deeds.
Do we have any claim on half the house as would have been hers if they had divorced etc?
Submitted: 1 year ago.
Category: Family Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

I take it that your Dad is still alive?

Kind Regards

Al

Customer: replied 1 year ago.
my mother always wanted us to have the house when they both passed, but we are concerned he may alter his will entirely. (which currently leaves the estate to my sister and i)
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

I am afraid that as the house is in the sole name of your Father, it does not form part of your Mother's Will whatsoever and nor can you and your sister make "a claim" against it. As it is your Father's asset, he is therefore free to do with the property as he so wishes. Of course, I would certainly hope that he leaves his Will as it is and that you and your sister become beneficiaries on his passing, but this is up to your Father at the end of the day.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, can I assist you any further? Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, can I be of any more assistance? Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

If I have helped answer your question, please don't forget to rate my answer.

Many thanks.

Al