How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10549
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

my brother is saying he is going to take the will to probate,what

Resolved Question:

my brother is saying he is going to take the will to probate,what does this mean? how can I stop him getting full control of all my mothers money and assets, which my father left to be controlled by the both of us.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Probate is the document the Executor of someone's Will needs to obtain to then deal with the deceased's Estate.

I am therefore not sure if your brother is talking about your Father's Estate? When did your Father die and has his Estate not already been dealt with?

I look ofrward to hearing form you.

Al

Customer: replied 2 years ago.

my father died 5 years ago,leaving my mother who is still living, but has dementia,who lives with my brother. there was a house and about £90,000 left when he died. Being older my brother took charge of all the paperwork,and has the deeds to the house. now he is trying to sell the house, without my knowledge and keep all the money for himself. all I am asking is there any way I can have some control over this money i.e.he would need my signature if he needs to spend any of the money on my mother not himself.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

In whose name are the house Deeds?

Do you know who was appointed as Executor in your Father's Will? Has your Father's money now been transferred to your Mother?

Kind Regards

Al

Customer: replied 2 years ago.

as far as I know it would be in the name of my mother and father,I do not know who was appointed as executor,I have only seen the will once, (which my brother has),when my father first died, what I can remember is that he left every thing to my mother, and on her death everything was to be divided up equally between my brother and me, my brother is trying to override my fathers wishes, and get everything sighned over to him now, so when she does die there is nothing left, she is 85 in poor health.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Well, if the Deeds were in your Father and Mother's names, the property would have passed to your Mother on your Father's death. Therefore, only your Mother can sell the property, unless your brother already her Attorney or applies to the Court of Protection to become her Deputy, which will involve you being notified of any such application.

Failing the above, unless your brother fraudulently signs your Mother's signature or forces her to sign over the property or any money to him (which are matters you can not guard against), there is no way that he can get his hnds on the house/money.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you