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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother has recently died.Before she died she told me that

Resolved Question:

My mother has recently died.
Before she died she told me that half of the property/house was hers and that the other half was mine and when she passed on her half would come to me.
After she died I found her wills.The first was as she told me.The second differed in that her solicitors where now on the will as executors & trustees as well as me.This will is dated 5/2/07.
I have had to pay her solicitors for a renunciation of probate so that I can continue to administer her estate.They are also named on the deeds together with mum,no mention of me.When questioned the answer was it was held in trust for me & that "it must have been mums instructions".I am 54 years old not a child.To get thier name off the deeds ( Assent?) they want to charge me even more money.I really do feel my mum would have not wanted me to in effect pay them for doing nothing.
Please advise me how I should proceed.
Martin
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.
How did their name come to be on the deeds?
Did it by any chance happen when your father died?
Clare
Customer: replied 2 years ago.

Hello Clare

My bological father died when I was very young.My mother remarried later in life.

As to why the solicitors are named on the will.When I asked that question I was given the the same answer as the question reguarding the deeds "it must have been mums instructions.

I can find no written evidence for or against those answers.However I have found a letter from the solicitors to my mum.In this they answer a question mum has asked (why is my name is ***** ***** the deeds but thiers is?)Their reply ( it was held in trust for me).

The Land Registry title document is dated 21/01/2008,after my stepfather had died.Listed as proprietor my mum & the solicitor.There is a Restriction on the deeds that no single proprietor can dispose of the estate

My stepfather died 08/06/07.

Both my mother & step fathers will are dated 05/02/07.

I hope this is of help,

Martin

Expert:  Clare replied 2 years ago.
Hi
From that I would surmise that your step father left his half of the house to you but gave your mother the right to live there so long as she wished to do so.
This being the case if the solicitors were also the Executors of the Will then it was indeed proper for their names to be on the deeds
Accordingly I am afraid that to complete the process they will have to be involved with the Transfer of the property into your sole name - and sadly they are indeed entitled to charge for it
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you

Your answer is what I had expected.They have acted as they should have legally speaking.

But from my point of view..........I feel the situation is not "just",more so when I have to pay to get back to where I thought I was at the start of the process.

That said the whole process is a learning experience for me.

Thank you again,

Martin

Expert:  Clare replied 2 years ago.
Hi
I am not sure what you mean
Your mother named the Solicitors as joint executors with you - you did not wish them to be involved (and who can blame you) and I am afraid they were entitled to charge you for the paperwork for them to renounce Probate.
This is entirely separate from the need for them to complete their work in respect of you Step Fathers Estate and transfer the property from them as Trustees to you as beneficiary
Clare
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