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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33815
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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there, My mother and brother live in our family home together.

Customer Question

Hi there,
My mother and brother live in our family home together. Mum is thinking of transferring ownership to my brother and me to save on legal costs after she passes away.
But when she does sadly pass away, what are my legal rights then? I will want to sell the family home, whereas I think my brother will probably want to live there permanently.
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 much is the property worth and how much does your brother earn?
Clare
Customer: replied 2 years ago.

I'd reckon it's worth about £160-£170K. My brother is classed as a vulnerable adult and is living on benefits alone at the moment. I must admit, I can't see that changing any time soon.

Thanks very much for your help,

Ian

Expert:  Clare replied 2 years ago.
Hi
How much will a suitable one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

about £75-95K i think

Expert:  Clare replied 2 years ago.
Hi
You will face a potential problem as it is clear that your brother is financially dependent on your mother to meet his housing needs and on that basis he will certainly be able to apply if necessary to ensure that he has sufficient funds to rehouse himself
However provided that he does then you will be able to force a sale
Please ask if you need further details
Clare
Customer: replied 2 years ago.

That's right, my brother is financially dependent on my mother.

So, in other words, although the estate will be split in half, my brother could apply to the courts to get enough to re-house himself?

Expert:  Clare replied 2 years ago.
Hi
Actually if the house is transferred now whilst it will not avoid the risk of Nursing Home Fees it will make it easier for YOU to enforce a sale after your mother's death.
If it is not then yes when your mother dies your brother can make an application against the estate for further financial provision so that he can rehouse himself
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33815
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

sorry, one further question - is all this laid out on a web page somewhere that I can read? I'd just like something a bit more formal than a message board :)

Expert:  Clare replied 2 years ago.
Hi
You can read more here
http://www.pcm-law.net/briefguideinheritance.html
Clare

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