How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Before my mother passed away she put my name on the deeds of

Resolved Question:

Before my mother passed away she put my name on the deeds of her house as I helped her pay for it. In her will she left 25% of her estate to my sister and 25% to my brother. Does this mean that they are entitled to half the house?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if any declaration of trust was put in place between you and your mother setting out what your respective shares were in the property after she transfered the property into your joint names please?

Joshua :

Do you know if you held the property as joint tenants or tenants in common after the transfer? If you are not sure thats fine - do you have the title entries to hand?

Customer:

Hello property held as tenants in common after transfer.

Joshua :

Thanks. Were any percentages mentioned?

Customer:

No percentages are mentioned

Joshua :

Thanks. In that case there will be a presumption that you own 50% of the property unless you or any third party has evidence to the contrary. notwithstanding this the other 50% would be owned by your mothers estate and would be left under the terms of her will

Joshua :

You mention she left 25% to each of your siblings in her will. To whom did she leave the other 50% in her will?

Customer:

Thank you I thought as much. She left 50% to me. She did try to change her will before she died but the solicitor's secretary (a close relative) did not get it back to her in time for her to sign so i assume that there is nothing I can do about that. am I right?

Joshua :

Thanks. Based on what you say your mothers estate would only own 50% of the property and you the other. Therefore your mothers will can only deal with the 50% share that your mother owned. Based on what you say therefore you would currently own 50% of the property and be entitled to a further 25% by virtue of your mothers will making you 75% owner.

Joshua :

Your siblings would be entitled to 12.5% of the property each.

Customer:

thank you for clarifying that.

Joshua and other Law Specialists are ready to help you