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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10452
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my mum passed away last year and left property to be divided

Resolved Question:

my mum passed away last year and left property to be divided equally between four of us.however before mum died she took out equity on the property to give to me as a thank you for looking after her for eight years since dad died.i was the only one who cared and took care of mum.my third brother is now saying i should only be entitled to a part of my equal share.can you please advice me.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Unless your Mother's Will specifically mentions that you should receive a smaller percentage from the Sale of the property, then you are entitled to the same percentage as your siblings.
Any lifetime "gifts" made by a deceased are just that, and are not classed as a part payment towards any entitlement under a Will.
You are therefore legally entitled to receive your full share unless the Will says otherwise.
I hope this helps you and sets out the legal position.
Kind Regards
AL
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