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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have been living with and caring for my mum for 4 years,

Resolved Question:

Hi, I have been living with and caring for my mum for 4 years, she died recently she named my sister, brother and me as the benifisurey of her asstate. I would like to stay in the house for a year just to get my affairs in order be for we sell the house but they want to sell it right away. what are my legal right in this matter please.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I am sorry for your loss
I will do my best to help you but I need some further information first.
How much is the house worth and what other assets are there.
Where were you living before you move din with your mother?
Clare
Customer: replied 2 years ago.

Hi Clare

why do you want to know and how does it affect my inquiry

regards simon *o*

Customer: replied 2 years ago.

OK I don't know the value of the house, I was in new zeland before I came back and the house is all she had.

regards Simon *o*

Expert:  Clare replied 2 years ago.
Hi
For clarity - you cane home from New Zealand to care for your mother - is that correct?
What is your best guess on the value of the house - using Zoopla or something similar?
Who are the named executors in the Will?
Clare
Customer: replied 2 years ago.

Hi,

Yes to coming home, £200,000 value and my sister.

Expert:  Clare replied 2 years ago.
Hi
May I ask - how recently did she pass away - and has Probate been obtained yet?
Clare
Customer: replied 2 years ago.

3 months and yes.

Expert:  Clare replied 2 years ago.
Hi
What do you need to do in order to be ready to move?
Clare
Customer: replied 2 years ago.

Thats a good question clare. I was thinking that now mum has gone I can focus on getting my craft business up and running before I have to move out, I have a workshop at the house you see, But maybe the smarter plan would be to wait un till I have a more permanent set up, I'll ponder on that.

I would still like an answer to my original question, just interested now and not so desparate.

thanks for that

Expert:  Clare replied 2 years ago.
Hi
There is an argument for saying that you would be entitled to make a claim against the estate under the Inheritance Act on the basis that you were dependent on your mother for your accommodation and provision should have been for you to be allowed to stay in the property for at least a year
You can read more here
http://www.pcm-law.net/briefguideinheritance.html
You could use this as leverage when negotiating with your siblings for more time
I hope that this is of assistance - please ask if you need further details
Clare
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