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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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can you help on a probate an will issue

Customer Question

can you help on a probate an will issue
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assistance do you need?
Clare
Customer: replied 2 years ago.

i brought a house with my mom who has since passed away

My mother changed the will during her illnes and left her half of the house to the rest of my family

My brother lives there and intamitantly contributes to the mortgage

i pay the mortgage

what are my legal rights please

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage
Is your name on the title deeds?
Clare
Customer: replied 2 years ago.

the house is worth 115,00

98,000 outstanding

im on the deeds with my mother i believe

i am being told that the will sugests my brother can live in 50% of the house for nothing ?

Expert:  Clare replied 2 years ago.
Hi
Do you wish to force the sale of the property?
Clare
Customer: replied 2 years ago.

i want to sell it as its become a pain

i dont want to pay for my brothers upkeep

if i stop paying the mortage what happens

Customer: replied 2 years ago.

hello are you there

Expert:  Clare replied 2 years ago.
Hi
For clarity - do you also live at the property?
Clare
Customer: replied 2 years ago.

no - just my brother

Expert:  Clare replied 2 years ago.
Hi
Who is the executor of the will?
Clare
Customer: replied 2 years ago.

my sisters

Expert:  Clare replied 2 years ago.
Hi
As a joint owner of the property you are entitled to insist that the property is sold immediately - and that in the mean time the estate pays the mortgage.You shoudl write a formal letter to the Executors requesting this and confirming that you will apply to the court for an order for sale if need be.
Any such application will be granted and you will be awarded costs.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

sorry to go on

what happens if i stop paying the mortgage ?

can my brother live there free ?

are my family responsable for the mortgage payments ?

who gets the equatiy from the property ?

Expert:  Clare replied 2 years ago.
Hi
Are you named on the mortgage?
Clare
Customer: replied 2 years ago.

yes

Expert:  Clare replied 2 years ago.
Hi
Then you are jointly liable for the mortgage with the Estate.
However since you are not living there you can insist that the estate pay the mortgage - or that you are compensated for the payments when the house is sold
The equity will be divided between you and the estate in equal shares
Clare
Customer: replied 2 years ago.

can my family insist i pay them more than there percentage of the equity ?

Expert:  Clare replied 2 years ago.
Hi
On what basis have they asked for that?
Clare

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